Welcome to the Blue Asphalt® Jeans, Shorts website (the “Site”) provided by Blue Asphalt (“Blue Asphalt”, “we”, “us” and/or “our”)!
By accessing and using this Site, you agree to be bound by the following terms and conditions and our Privacy Policy (together, the “Terms”). Please read them carefully.
1. Acceptance of Terms
The products and services provided to you on or through this Site (collectively, the “Services”) are subject to the Terms. By using this Site or purchasing any Services, you agree to be bound by these Terms. If you do not accept all of these Terms, you should not access or use this Site or purchase any Services.
If you purchase any Services, you will also be subject to the policies, warranty disclaimers and limitations of liability set out in the “Additional Terms and Conditions for Purchase of Merchandise” section. Such Additional Terms are incorporated by reference and are legally binding.
These Terms constitute the entire agreement between you and Blue Asphalt relating to your access and use of this Site. These Terms supersede any prior agreements between you and Blue Asphalt relating to your access and use of this Site.
2. Modifications
We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective 10 days following posting of the revised Terms on this Site and your continued use of this Site after any changes to these Terms constitutes your acceptance of the changes.
You should frequently review the current Terms. The date of the last revision to these Terms is stated at the end of these Terms.
3. Site Access and Use
a. Site Access. We grant you a limited, nonexclusive, nontransferable, revocable permission to access and use this Site and its content in accordance with these Terms. Your use of this Site may be suspended or terminated by us immediately upon a breach by you of any of these Terms.
b. Site Use Restrictions. You agree that you will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit this Site or content obtained from this Site except as expressly permitted in these Terms. You may not use this Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of this Site and its content.
c. Account Access. To access certain features or functions through this Site, we may require you to provide registration details or other information. It is a condition of your access and use of the Site that all the information you provide is correct, current and complete.
d. Use of Material. The content on this Site, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services and goods offered for sale on this Site (“Material”) and the trademarks, service marks and logos contained on this Site (“Marks”), is the property of Blue Asphalt and/or its licensors and is protected by copyright, trademark and other laws.
Except as expressly permitted, you may not use the Material or Marks without the prior express written permission of Blue Asphalt.
Some Material may be provided by third parties and is so indicated. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any third party Material.
e. Your Content. You hereby grant to Blue Asphalt a worldwide, royalty-free, nonexclusive license to use any material you post to this Site (“Your Content”) in accordance with our Privacy Policy. Blue Asphalt will not pay any compensation for Your Content.
f. Restrictions on Your Content. Your Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Blue Asphalt or a third party. Your Content must not: be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; or promote sexually explicit material, violence, discrimination, racism, hatred, harassment or harm against any group or individual; or infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third party.
g. Removing Your Content. You can remove Your Content by specifically deleting it. However, some of Your Content (such as posts or comments you make) may not be completely removed and copies of Your Content may continue to exist on the Site. We are not responsible or liable for removing any of Your Content.
4. Intellectual Property Rights
a. Site Content. This Site and all Site Material are protected by copyright, trademark, patent, trade secret and other laws. As between you and Blue Asphalt, Blue Asphalt owns and retains all rights in the Site Materials and you do not acquire any ownership rights to the Site Materials.
b. Blue Asphalt Marks. The Blue Asphalt trademarks, logos, service marks, trade names and other logos and brand features making up the Marks are the property of Blue Asphalt. You do not acquire any rights in the Marks.
c. Content License to You. Subject to your compliance with these Terms, Blue Asphalt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, download, print and use the specific Site Materials for your personal use only.
You may not commercialize any Site Materials without our prior written consent. You may not use any Site Materials in violation of any third party’s intellectual property rights.
5. Site Availability; Modification; Suspension or Discontinuation
a. Site Availability. We try to make this Site available to our customers at all times. However, we cannot guarantee that this Site will be available without interruption or that it will be error-free. We may need to take down this Site on a short-term basis to perform maintenance or resolve technical issues.
b. Our Right to Modify. We reserve the right to modify, suspend or discontinue this Site with or without notice to you. We will not be liable for any consequences, damages or loss of functionality as a result of any modification, suspension or discontinuation of this Site or any part of it.
6. Registration; Passwords; Security
a. Registration. To access parts of this Site, we may require you to register and provide certain information about yourself in order to do so. It is a condition of your use of this Site that all the information you provide is correct, current, and complete. We reserve the right to deny access or continued access to any user at any time in our sole discretion.
b. Passwords. If you register, you will be solely responsible for maintaining the confidentiality of your password and account login. You will be responsible for all uses of your registration information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your password, login or account.
7. Privacy Policy
Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Blue Asphalt Privacy Policy is incorporated by reference into, and made a part of, these Terms.
8. Third Party Sites; Advertisements; Dealings with Third Parties
a. Third Party Content and Sites. This Site may contain content, advertising, and links to other sites that are not maintained by us. We do not endorse or evaluate third party sites or content. We provide such content, advertising and links only as a convenience. Your dealings with any third party site or content are solely between you and the third party.
b. Advertisements. Blue Asphalt may display advertisements from third parties on this Site. Your interactions with third party advertisers are solely between you and the advertiser. You agree that Blue Asphalt will not be responsible for any loss or damage incurred as a result of your dealings with advertisers.
c. Risk of Third Parties. Your use of third parties and third party content is at your own risk. We do not assume any responsibility or liability for damages caused by your interaction with any third party.
9. Assumption of Risk; Release
You assume all risks associated with your access and use of the Site, dealings with advertisers and third party sites, and use of Site Materials. You release Blue Asphalt from any and all liability for loss incurred due to errors, damages, injuries or losses you may incur.
10. Disclaimer of Warranties
Your access and use of this Site is at your own risk.
The Site and the Site Materials are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any warranties of any kind, whether express or implied.
Neither Blue Asphalt nor any person associated with Blue Asphalt makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site or Site Materials. Blue Asphalt expressly disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Blue Asphalt makes no representations or warranties that use of the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server on which the Site is hosted are free from viruses or other harmful components.
11. Limitation of Liability and Indemnity
a. Limitation of Liability. To the maximum extent permitted by law, in no event shall Blue Asphalt, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in any way relating to the use of or inability to use this Site or Site Materials, any transactions entered into through this Site, any third party sites, your provision of information via the Site, lost business or lost profits, loss of any goodwill, or any damages whatsoever arising out of any content, goods or services available on or through this Site or Site Materials, any unauthorized access to or alteration of your transmissions or content, any third party sites, statements or conduct of any third party on this Site, any dealings with advertisers, or any other matter relating to this Site or the Site Materials, even if Blue Asphalt has been advised of the possibility of such damages.
In the event that you have any dispute with one or more users arising out of or relating to the use of this Site, you release Blue Asphalt from claims, demands, and damages of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
b. Cap on Liability. Under no circumstances will Blue Asphalt ever be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to: (1) this Site; (2) your use of, inability to use, or the performance of this Site; (3) any action taken in connection with an investigation by Blue Asphalt or law enforcement authorities regarding your access to or use of this Site; (4) any action taken in connection with copyright or other intellectual property owners; or (5) any errors or omissions in this Site’s technical operation. And under no circumstances will the aggregate liability of Blue Asphalt to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Blue Asphalt, if any, for accessing this Site.
Without limiting the foregoing, under no circumstances will Blue Asphalt, its affiliates, agents, directors, employees, suppliers or licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond our reasonable control.
c. Indemnity. You agree to defend, indemnify and hold Blue Asphalt, its affiliates, agents, directors, employees and suppliers harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees, arising out of or in any way connected with any of the following: your access to or use of this Site or Site Materials; Your Content; your dealings with advertisers; your violation of these Terms; or your violation of any third party rights.
12. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use this Site, at any time and for any or no reason, including for a breach of these Terms.
We reserve the right to block or otherwise discontinue your access and use at any time and for any or no reason, including if you violate any of these Terms. Any such termination or discontinuance shall not affect any right or relief to which we may be entitled at law or in equity.
14. Governing Law; Dispute Resolution
a. Governing Law. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
b. Mandatory Arbitration. Any dispute or claim arising out of or relating to these Terms will be referred to and finally determined by mandatory binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This arbitration will take place in the federal judicial district of your residence. The arbitration will be conducted before a single arbitrator selected by AAA in accordance with its rules. The Arbitrator will decide any disputes regarding the interpretation and enforceability of these Terms. Judgment on any arbitration award may be entered in any court having jurisdiction. This clause is governed by the Federal Arbitration Act.
c. No Class Action. You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other; no class action arbitration or proceeding is permitted.
d. Location. Arbitration proceedings will take place at a location mutually agreed upon by you and us. If the parties cannot agree on a location, the location will be determined by AAA. Any party may appear for the arbitration by telephone or video conference unless the arbitrator requires otherwise.
e. Awards. Any award of the arbitrator will be final and binding, subject to court review as permitted under the Federal Arbitration Act. The arbitrator may award injunctive relief or any remedy allowed by applicable law. Any award will state the essential findings and conclusions on which it is based.
15. General Provisions
a. Electronic Communications. By using this Site, you consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements.
b. Force Majeure. We will not be responsible for any failure or delay in performance due to causes beyond our reasonable control.
c. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver.
d. Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
e. Modification. We reserve the right to modify these Terms upon notice published on this Site by posting the revised Terms. Your continued use of this Site after the effective date will constitute acceptance.
f. Assignment. You may not assign, transfer or sublicense any rights or obligations under these Terms without our prior written consent. We reserve the right to assign this agreement at any time to our affiliates or a third party acquiring our business or assets.
g. English Language. These Terms are drafted in the English language. Any translation is provided for reference purposes only. In the event of any inconsistency, the English version prevails.
If you have any questions or concerns regarding these Terms, please contact us at:
Blue Asphalt® Jeans, Shorts
[email protected]
Last Updated January 1, 2022
Additional Terms and Conditions for Purchase of Merchandise
The following Additional Terms apply if you purchase any products or merchandise (collectively “Merchandise”) on or through this Site. By ordering any Merchandise, you agree to be bound by these Additional Terms.
1. Order Acceptance and Cancellation
You agree that your order is an offer to buy, not a confirmation of an order. All orders are subject to acceptance by us. We reserve the right to refuse any order for any reason.
Orders canceled before shipment will be refunded in full. Orders canceled after shipment cannot be canceled, stopped or returned.
2. Prices and Payments
a. Prices. Prices posted on this Site are subject to change without notice. Price increases will not affect any orders you have already placed with us. Posted prices do not include taxes or delivery charges, which will be added to your total invoice price.
b. Payments. Acceptable methods of payment are VISA, MasterCard, American Express, and Discover credit and debit cards. You represent that you are authorized to use the payment method provided.
c. Automatic Renewals. Any subscriptions or recurring purchases offered on this Site will continue until the end of the current term and automatically renew for successive renewal terms unless cancelled by you before the end of the current term. The renewal charge will be the current full price each term.
3. Delivery; Title and Risk of Loss
a. Delivery Estimates. Shipping dates are estimates only and are not guaranteed delivery dates. We will not be liable for any loss, damage, cost or expense caused by late delivery.
b. Title; Risk of Loss. Title to Merchandise passes to you when we deliver it to the carrier. We retain a security interest in the Merchandise until payment is made in full. Risk of loss for Merchandise passes to you when we deliver it to the carrier. You are responsible for filing any claims with carriers for damaged and lost shipments.
4. Returns and Exchanges
a. Returns. We accept returns of unworn, unwashed, and undamaged merchandise with original tags attached and in original packaging for a full refund within 30 days of delivery. You are responsible for all shipping and handling charges on returned items. We do not refund the original shipping charges for delivery.
b. Exchanges. No exchanges are permitted. You must return Merchandise for a full refund and place a separate order for any desired exchange.
c. Refunds. Refunds may take 2-3 billing cycles to appear on your credit card statement. We will only refund returns to the original card used for payment. You are responsible for any loss in value to the returned Merchandise.
5. Product Warranty; Disclaimers
a. Product Warranty. All Merchandise sold through this Site comes with a limited 30-day warranty against material manufacturing defects. This warranty does not cover damage from wear and tear, misuse, alteration, accident, neglect, or lost Merchandise.
b. Disclaimer. EXCEPT FOR THE LIMITED PRODUCT WARRANTY DESCRIBED ABOVE, ALL MERCHANDISE IS SOLD ON AN ‘AS IS’ BASIS. WE MAKE NO OTHER WARRANTY WITH RESPECT TO THE MERCHANDISE, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Limitation of Liability
IN NO EVENT WILL BLUE ASPHALT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM YOUR PURCHASE OR USE OF THE MERCHANDISE OR THIS SITE, EVEN IF BLUE ASPHALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BLUE ASPHALT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE MERCHANDISE OR THIS SITE EXCEED THE AMOUNTS PAID BY YOU FOR THE MERCHANDISE.
7. Indemnity
You agree to defend, indemnify and hold Blue Asphalt harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site or the Merchandise.
Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at:
Blue Asphalt® Jeans, Shorts
[email protected]