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Terms of Use Agreement

TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “AGREEMENT”) CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE. 

By utilizing a Citi Trends Site, You (“User” or “You”) hereby agree to be legally bound by this Agreement which incorporates by reference the privacy policy posed on the website, as both are amended from time to time.   If this Agreement is not acceptable and you are unwilling to be bound by it, please do not use the website or enter any information about yourself or make any transactions through this website.

Citi Trends, Inc. (referred to as “we” or “us”) is the owner and operator of this website and the Products (as defined below) sold thereon. 

Eligibility and User’s Warranties and Representations.

We intend that this website and the Products be used by persons aged eighteen (18) years or older and those teenage users between the ages of thirteen (13) and eighteen (18) years of age that possess parental or guardian consent. If you do not qualify, you are not permitted to order the Products, and you do not have our consent to do so.

Links to Third Party Websites.

We may provide links to web pages which are not Citi Trends Sites.  These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this site only provides links.

User’s Information.

"User’s Information" is defined as any information or other material you provide to us or others in connection with this website. Except as otherwise provided in our Privacy Policy, you are solely responsible for User’s Information, and we act as a passive conduit for the online distribution of User’s Information. We reserve, however, the right to modify or remove from this website, all or any portion of User’s Information or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful.  We also reserve the right to edit User’s Information or other materials for any other reason consistent with the purposes of this Agreement or this website.

Access and Interference.

Use of the WebSite, Products and Services. The contents of this website are protected by copyright, trademark, trade secret and other laws and are the sole and exclusive property of us and/or other owners. We grant you a limited license and right to access and make personal use of the Products and the website, in order to obtain information about, and/or to purchase the Products. This limited right and license does not include any resale or commercial use of this website or its contents or the Products; any collection and use of any Products, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website, may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or materials (including images, text, page layout, or form) of ours or of any third party on this website without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use of this website terminates the permission and license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray us or any products or services offered on the website in a false, misleading, derogatory, or other manner which we deem offensive. You may not use any logo or other proprietary graphic or trademark on the website as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Breach. 

Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this website in whole or in part: (a) if you breach this Agreement; (b) if we are unable to verify or authenticate any information you provide to us, should we elect to engage in such verification; (c) if we believe in our sole discretion that your actions may cause legal liability for you, other users, us or third parties; or (d)  we believe in our sole discretion that you have engaged in fraudulent activity in connection with this website.

Privacy. 

Our current Privacy Policy is available on this website and is incorporated in this Agreement by reference. We may change our Privacy Policy from time to time, as stated therein.

http://www.adp.com/privacy.aspx

Warranty Disclaimers and Liability Limitations.

We are the owner, distributor and/or publisher of the various products and services described and/or offered for sale on this site (collectively the “Products”). WE MAKE NO REPRESENTATION OR WARRANTIES WITH RESPECT TO THE ACCURACY, APPLICABILITY, FITNESS, OR COMPLETENESS OF THE CONTENTS OF THIS WEBSITE OR THE PRODUCTS.  As the colors you see on this website are dependent upon your monitor, we cannot guarantee that the colors shown on your monitor will accurately reflect the color of the Products.  Merchandise availability on our website is not guaranteed, as it may be low in stock.  Pricing errors may occur on the Citi Trends Sites.  Citi Trends reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Citi Trends.

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES (EXPRESS OR IMPLIED) INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE PRODUCTS OR THIS WEBSITE OR YOUR USE OF SAME. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.   

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES. 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.

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this website or the Products.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Returns/Refunds and Shipping.

Please click on the following link to review our current return and refund policy which is incorporated herein by reference:  http://cititrends.com/pages/return-policy

Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to us at Citi Trends, Inc., 104 Coleman Blvd., Savannah, GA, Attn: Customer Service - ECommerce, and to you at the email address you provide to us. Notice by mail shall be deemed delivered when actually received, and notice by email shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you. In such case, notice shall be deemed given 3 days after the date of mailing

Arbitration.

Any controversy or claim between you and us or our subsidiaries and affiliates, and our or their officers, directors and employees, arising out of or relating to this Agreement or your use of this website or the Products, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.

Taxes.

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

General.

Choice of Law, Headings and Non-waiver.  This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Georgia, USA without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of the arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Georgia. Either party’s failure to act with respect to a breach does not waive the non-breaching party’s right to act with respect to subsequent or similar breaches.  Any proceeding arising out of or related to this Agreement or your use of the Citi Trends sites must be brought in Georgia.

Severability.  

The invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions will be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, if possible, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Entire Agreement; Amendment.  This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written.  We reserve the right, at any time, to modify this website and this Agreement.  Each time that you visit this website to make a purchase, please consult this portion of the website for important changes to the Agreement that may have occurred since your last online purchase.  By making a purchase through this website after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive.  If at any time you choose not to accept the terms of this Agreement, you will not use this website. This Agreement applies to your use of this website or other sites that we may own or operate in the future, unless such sites provide otherwise.

Continuing Cooperation.  The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.