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<!DOCTYPE html>
<html lang="en">
<head>
<meta charset="UTF-8" />
<meta http-equiv="X-UA-Compatible" content="IE=edge" />
<meta name="viewport" content="width=device-width, initial-scale=1.0" />
<title>Terms and Conditions</title>
<link rel="stylesheet" href="navbar.css" />
<link rel="stylesheet" href="export.css" />
<link rel="stylesheet" href="term.css" />
<link rel="stylesheet" href="slider.css" />
<link rel="stylesheet" href="cartslider.css" />
<script
src="https://kit.fontawesome.com/18dcf284b5.js"
crossorigin="anonymous"
></script>
</head>
<body>
<div id="nav_header"></div>
<div id="slider"></div>
<div id="mySidebar" class="sidebar"></div>
<div id="term">
<h1>TERMS OF SERVICE</h1>
<p>
This website Bluefly.com is owned, operated and distributed by Bluefly
D.B.A. Bluefly.com LLC., a Florida corporation ("Bluefly"). BY ACCESSING
ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS
DESCRIBED BELOW (THE "CONDITIONS OF USE") AND THE TERMS AND CONDITIONS
OF THE BLUEFLY PRIVACY POLICY (THE "POLICY"). IF YOU DO NOT AGREE TO ANY
OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. These Conditions of Use
apply to all users, including both users who are simply viewing the
Website and users who are purchasing goods through the Website.
</p>
<p>
You acknowledge that Bluefly may terminate your account, remove any data
or content that you have provided and/or disable your access to the
Website, in whole or part, at any time for any reason or no reason, with
or without notice and with no liability of any kind. In addition,
Bluefly may modify or remove any service or functionality included in
the Website at any time, with or without notice and with no liability of
any kind.
</p>
<p>
These Conditions of Use, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by
Bluefly without restriction.
</p>
<p>
Use of the Web Site is only available only to individuals who are at
least 13 years old. If you are not 13 years old, you are not authorized
to use the Website. Bluefly may, at its sole discretion, modify these
Conditions of Use at any time. By accessing the Website at any time
after such modifications, you are agreeing to such modifications. These
Conditions of Use were last modified as of October 1, 2019.
</p>
<h4>Important Disclaimer</h4>
<p>
Bluefly offers only the best brand names and highest quality goods, and
proudly stands behind the authenticity of its goods. In some instances,
these goods may not be obtained directly from the designers but rather
may have been purchased from reputable resellers at a discount. In this
regard, Bluefly expressly disclaims any indication that it is an
authorized dealer or agent of any of the designers whose goods are
offered on this site. Bluefly reserves the right to refuse any order
placed on the Website, and may, in its sole discretion, limit or cancel
quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event Bluefly makes a change to or
cancels an order, it will attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was
made. Bluefly reserves the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or
distributors, or to refuse to service a customer for any reason.
</p>
<p>
All goods purchased from Bluefly.com are F.O.B. at our fulfillment
center. Title to goods passes to you at the time of delivery by the
fulfillment center to a common carrier. Sales tax is applied to your
Bluefly.com order in accordance with individual state and local
regulations if your shipping address is in one of the following states:
Florida and California. Appropriate tax charges will appear on the
"Review Order" page during checkout.
</p>
<h4>Security</h4>
<p>
Because Bluefly uses some of the most sophisticated commercially
available security software, it is extremely unlikely that any personal
information that you transmit to us will be misappropriated. In the rare
instance that an unauthorized person obtains your credit card
information and uses it, by federal law, you are only liable for the
first $50. In any instance where you have discovered or suspect fraud,
you need to contact your credit card companies immediately.
</p>
<h4>Product Information</h4>
<p>
Occasionally there may be information on the Website that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, and availability.
Bluefly reserves the right to correct any errors, inaccuracies or
omissions and to change or update information or cancel orders if any
information on the Website is inaccurate at any time without prior
notice (including after you have submitted your order). Bluefly has made
every effort to display as accurately as possible the colors of the
products that appear on the Website. However, Bluefly cannot guarantee
that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services The Website may contain links to
other Websites that are not under the control of Bluefly. Bluefly has no
responsibility for the linked Web sites nor does linking constitute an
endorsement of any linked Web site. Links are provided solely for the
convenience and information of the Websites' users.
</p>
<p>
Content submitted by users of the Web Site for public view is referred
to in these Conditions of Use as "User Submissions." You shall be solely
responsible for your own User Submissions and the consequences of
posting or publishing them. You represent and warrant that you own or
have the necessary licenses, rights, consents, and permissions to your
User Submissions (and all content included therein), including the right
to authorize Bluefly to use the User Submissions in the manner
contemplated by the Web Site and these Conditions of Use. You further
represent and warrant that your User Submissions do not infringe any
third party's intellectual property rights, do not invade any third
party's privacy, and are not illegal, obscene, threatening, abusive,
libelous, slanderous, defamatory, fraudulent , misleading, prejudicial
or otherwise injurious to third parties.
</p>
<p>
You retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions, you hereby grant Bluefly an
irrevocable, perpetual, worldwide, non-exclusive, royalty-free,
sublicenseable and transferable license to use, reproduce, distribute,
prepare derivative works of, display, and perform the User Submissions
in any media formats now or hereafter created and through any media
channels now or hereafter created. You also hereby grant each user of
the Website a non-exclusive license to access your User Submissions
through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as
permitted through the functionality of the Web Site and under these
Conditions of Use.
</p>
<p>
Bluefly does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and expressly disclaims any
and all liability in connection with User Submissions. Bluefly reserves
the right to remove any User Submissions without prior notice (or to
refuse to publish any User Submission) for any reason, and to terminate
or refuse a User's access to its Website for any reason.
</p>
<h4>Intellectual Property Rights</h4>
<p>
Bluefly is a provider of an interactive computer service for purposes of
47 U.S.C. section 230. As such, its liability for others' conduct and
information is limited as described therein. Further, Bluefly is a
service provider pursuant to the Digital Millennium Copyright Act.
Pursuant to the Digital Millennium Copyright Act. If you are a copyright
owner and believe that any content on Web Site infringes upon your
copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA"). To provide Bluefly notice of an
infringement, you must provide a written communication to Bluefly, DMCA
Infringement Notification Dept., 1111 Brickell Avenue, Suite 2200,
Miami, FL 33131 or to privacy@bluefly.com that sets forth the
information specified by the DMCA (see
http://www.copyright.gov/title17/92chap5.html#512). You may be liable
for damages (including costs and attorneys' fees) if you materially
misrepresent that an activity is infringing your copyright.
</p>
<p>
All materials contained on this site are protected by United States
copyright law. You may not alter or remove any trademark, service mark,
copyright or other notice from copies of the content. By using this
site, you acknowledge that Bluefly.com contains information, data,
software, photographs, graphs, videos, typefaces, graphics, and other
material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a
collective work under the U.S. copyright laws, and Bluefly owns a
copyright in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in
whole or in part.
</p>
<p>
Bluefly and its related marks are trademarks and service marks of
Bluefly, Inc. All rights reserved. All other trademarks, service marks,
product names, company names and logos appearing on Bluefly.com are the
property of their respective owners. One or more patents may apply to
this web site, including without limitation U.S. Patent Nos. 5,528,490,
5,761,649 and 6,029,142.
</p>
<h4>Warranty Disclaimer and Limitation of Liability</h4>
<p>
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND
THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS
PURCHASED THEREBY, ARE PROVIDED TO YOU "AS IS." TO THE FULLEST EXTENT
PERMITTED BY LAW, BLUEFLY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE
PRODUCTS PURCHASED THEREBY. BLUEFLY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S
CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED
THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE
OF THE THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF BLUEFLY'S SECURE SERVERS AND/OR ANY AND
ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB
SITE BY ANY THIRD PARTY.
</p>
<p>
IN NO EVENT SHALL BLUEFLY BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II)
FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
</p>
<h4>Miscellaneous</h4>
<p>
You agree that the Web Site shall be deemed a passive service based
solely based in Florida and shall not give rise to personal jurisdiction
over Bluefly, either specific or general, in jurisdictions other than
Florida. These Conditions of Use shall be governed by the internal laws
of the State of Florida, without regard to its conflict of laws
principles. Any claim or dispute between you and Bluefly that arises in
whole or in part from the Web Site shall be subject to the exclusive
jurisdiction of the federal and State courts located in Florida. These
Conditions of Use, together with the Privacy Policy and any other legal
notices published by Bluefly on the Web Site, constitute the entire
agreement between you and Bluefly concerning the Web Site. If any
provision of these Conditions of Use is deemed invalid by a court of
competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Conditions of
Use, which shall remain in full force and effect. No waiver of any term
of this these Conditions of Use shall be deemed a further or continuing
waiver of such term or any other term, and Bluefly's failure to assert
any right or provision under these Conditions of Use shall not
constitute a waiver of such right or provision.
</p>
<p>
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE
CONDITIONS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY
CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO
CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY
CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3)
YEARS AFTER THE CAUSE OF ACTION AROSE.
</p>
<p>
Most communications between Bluefly and you will be sent and received
electronically. You agree that all agreements, notices, disclosures and
other electronic communication exchanged between you and Bluefly shall
satisfy any legal requirements that such communications be in writing.
</p>
<h4>Gift Cards</h4>
<p>
Bluefly.com E-Gift Card number may be used to purchase any merchandise
on-line at bluefly.com by entering the unique code at checkout. You may
not add value back onto this E-Gift Card, nor redeem it for cash or
apply it as payment or credit to your credit card account. All gift
cards sales are final and cannot be refunded. When you make a purchase
with your bluefly.com E-Gift Card number, the value of your purchase
plus any shipping/handling fees and sales tax, if applicable, will be
automatically deducted from your 'open to buy'.
</p>
<p>
You may check any remaining value by clicking the link from the gift
card email. If you added the gift card to apple wallet, the balance can
also be found there.
</p>
<p>
Please safeguard your bluefly.com E-Gift Card number. The bearer is
responsible for its loss or theft.
</p>
<p>E-Gift Card numbers do not expire.</p>
<p>For any issues, contact us at flyrep@bluefly.com.</p>
</div>
<div id="total-footer"></div>
</body>
</html>
<script type="module">
import {
headerHtml,
headerJS,
topSliderTxt,
bagSideClose,
bagSideOpen,
cartsliderhtml,
} from "./components/header.js";
document.querySelector("#nav_header").innerHTML = headerHtml();
document.querySelector("#mySidebar").innerHTML = cartsliderhtml();
headerJS();
topSliderTxt();
bagSideOpen();
bagSideClose();
</script>
<script type="module" src="term.js"></script>