City Gear Terms of Use

Date of Last Revision: September 9, 2024

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CITYGEAR.COM OR A CITY GEAR MOBILE APP

 

All provisions in the City Gear Terms of Use apply and govern with respect to City Gear, LLC ("City Gear") and its affiliates and subsidiaries, including but not limited to Hibbett Retail, Inc. References to "City Gear" herein refer collectively to City Gear, LLC and/or its affiliates and subsidiaries, including but not limited to Hibbett Retail, Inc. ("Hibbett"). citygear.com and the City Gear App are owned by City Gear and licensed to Hibbett, which operates citygear.com and the City Gear App as licensee of City Gear.

 

By accessing or using citygear.com, a City Gear Mobile App, or any City Gear social media channel including but not limited to Facebook, Instagram, or Twitter (collectively the "Platform") from any computer, mobile phone or other device, you are confirming that you understand and agree to be bound by the City Gear Terms of Use (the "Terms"), INCLUDING THE AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER PROVISIONS BELOW.

 

If you do not agree to the Terms, please do not use the Platform. The Terms may be changed at any time without notice and any such changes shall be effective upon their posting to the Platform. Your continued use of the Platform after any changes in these Terms shall constitute your consent to such changes. If you do not agree to the Terms, please do not use the Platform.

 

Intellectual Property

 

All content included on the Platform (collectively, "Content") is owned or licensed property of City Gear, its affiliates or subsidiaries, including but not limited to Hibbett, or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. All Content except for User Created Content is a collective work under the United States and other copyright laws and is the owned or licensed property of City Gear. All rights are reserved.

 

License and Access

 

Hibbett, as licensee of City Gear, and City Gear grant you a limited license to access and make personal use of the Platform to place an order or purchase products for non-commercial use only, and only to the extent that such use does not violate applicable law or these Terms, including but not limited to the Prohibited Uses section below. Nothing in these Terms shall be interpreted as granting any other license or any intellectual property rights to you.

 

Prohibited Uses

 

You may use the Platform only for lawful purposes that are permitted by these Terms. As a condition of your use of the Platform, you warrant to City Gear and Hibbett that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms. The following uses of the Platform are prohibited, and you agree not to do any of the following:

  • Display, post, sell, transmit, distribute, reproduce, republish, modify, copy, translate or sell any Intellectual Property or Content appearing on the Platform, including User Created Content, without Hibbett’s prior written consent, unless it is your own User Created Content that you legally post on the Platform;
  • Use any robots, data mining, or similar data gathering or extraction methods.
  • Download, copy or transmit any Content for the benefit of any other merchant.
  • Conduct fraudulent activities on the Platform.
  • Violate or attempt to violate the security of the Platform.
  • Use the Platform to violate others’ privacy rights, including collecting personally identifiable information regarding other users of the Platform, rights of publicity or other rights, or to harass, threaten, defame or abuse any other person;
  • Reproduce, sell, or otherwise exploit for any commercial purposes any portion of the Platform or access to the Platform, including collecting or using any descriptions, product listings, images, or prices; or.
  • Use any meta tags or other hidden text utilizing City Gear’s name or marks.
  • Purchase merchandise with the intent of reselling it.

 

Your Account

 

You are not required to establish an account in order to place an order or purchase a product on citygear.com or a City Gear Mobile App. However, you may be required to create a City Gear account in order to access certain services or areas of the Platform. If you choose to create a City Gear account, please note that your password is for your personal use only. Safeguard your City Gear account password and do not allow anyone else to access the Platform using your City Gear account. You are responsible for maintaining the confidentiality of your password and for restricting access to your account. City Gear and Hibbett are not responsible for any loss resulting from any unauthorized use of your City Gear account. You agree to accept responsibility for any activities that occur under your account or password. Hibbett, as licensee of City Gear, and City Gear reserve the right to terminate your City Gear account and/or your access to the Platform at any time, for any reason or no reason. You agree that City Gear and Hibbett shall not be liable to you or any third party for any termination of your access to your account or the Platform. For additional information regarding Termination please see the Termination section of these Terms of Use.

 

User Created Content

 

User Created Content (“User Created Content”) is your submission of any comment, feedback, submission, suggestion, question, photo, video, review or other content on the Platform, including but not limited to your use of the Customer Ratings and Review service offered by Hibbett, as licensee of City Gear, on citygear.com or a City Gear Mobile App, or your submission of content to citygear.com, a City Gear Mobile App, or a City Gear social media channel.

 

 

If you post User Created Content on the Platform, unless City Gear indicates otherwise, you represent and warrant that:

  • You are the sole author and owner of the User Created Content or control any and all rights in any User Created Content that you post on the Platform;
  • You are at least 18 years old or if you are under the age of 18, you are at least 16 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use;
  • Use of any User Created Content you supply will not violate any term of these Terms of Use;
  • You grant Hibbett, as licensee of City Gear, City Gear, and their sublicensees a non-exclusive, royalty-free, irrevocable, worldwide, perpetual and fully sublicensable right to use, publish, reproduce, modify, adapt and display such User Created Content anywhere using any media, including but not limited to social media, video, internet posting, email or other means of distribution, either through Hibbett or City Gear’s own services or services provided by third parties, throughout the world in any medium now known or later developed, without restriction or limitation
  • You agree that your User Created Content may be used by Hibbett, as licensee of City Gear, and City Gear to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, artwork, textual matter or photographs.

 

By submitting any User Created Content, you further represent and warrant that you will not submit the following User Created Content:

  • User Created Content that is false, inaccurate, or misleading;
  • User Created Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
  • User Created Content that violates any local, state, federal, or international laws;
  • User Created Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
  • User Created Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hibbett, as licensee of City Gear, or City Gear in its sole discretion;
  • Advertisements, solicitations or spam links to other websites or individuals, without prior written permission from Hibbett, as licensee of City Gear, or City Gear
  • Chain letters or pyramid schemes;
  • User Created Content that impersonates another business, person or entity, including Hibbett, City Gear, or their related entities, employees and agents;
  • User Created Content that contains viruses or other harmful computer code;
  • User Created Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • User Created Content that you were compensated for or granted any compensation for by any third party unless otherwise authorized by Hibbett, as licensee of City Gear, or City Gear in writing; or
  • User Created Content that violates any policy posted on the Platform, or that interferes with the use of the Platform by others.

 

Although Hibbett, as licensee of City Gear, and City Gear cannot monitor all User Created Content, you understand that Hibbett, as licensee of City Gear, and City Gear shall have the right, but not the obligation, to monitor the User Created Content of the Platform to determine compliance with these Terms of Use and any other operating rules that may be established and posted to citygear.com or a City Gear App by Hibbett, as licensee of City Gear,  from time to time. In accordance with the Consumer Fairness Review Act of 2016 and applicable state Anti-SLAPP laws, such as California Code of Civil Procedure §425.16, Hibbett, as licensee of City Gear, may prohibit or remove User Created Content that (i) contains confidential or private information; (ii) is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; (iii) is unrelated to the company’s products or services; or (iv) is clearly false or misleading. Notwithstanding this right of ours, you are solely responsible for any User Created Content you submit, and you agree to indemnify Hibbett, City Gear, and their subsidiaries and affiliates for all claims resulting from any User Created Content you submit.

 

You agree that Hibbett, as licensee of City Gear, or City Gear may remove any User Created Content for any reason or no reason, in its sole discretion. Any submission of User Created Content by you shall also be governed by the Content Terms of Use and the Permission to Use Content Agreement.

 

Submissions to City Gear or Hibbett

 

You agree not to propose, post or submit to City Gear or Hibbett, as licensee of City Gear, ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Platform. In the event you do so, you hereby grant to Hibbett, as licensee of City Gear, and City Gear a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to Hibbett, as licensee of City Gear, and City Gear the right, at their sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Hibbett and City Gear are not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against City Gear or Hibbett for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to City Gear or Hibbett, as licensee of City Gear, including the posting of materials to any forum or interactive area on the Platform, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

 

PRODUCT DESCRIPTIONS

 

Hibbett, as licensee of City Gear, and City Gear attempt to be as accurate as possible, but Hibbett, as licensee of City Gear, and City Gear do not warrant that product descriptions are accurate, complete, current, reliable or error-free. If a product offered for purchase on the Platform by Hibbett, as licensee of City Gear, or City Gear is not as described, your sole remedy shall be to return or exchange the product consistent with the City Gear Return Policy. All descriptions, specifications, images, references and prices of products on citygear.com or a City Gear Mobile App are subject to change at any time without notice. Inclusion of a product on citygear.com or a City Gear Mobile App is not a guarantee that the product will be available. Certain weights, measurements and other descriptions are approximate and provided for purposes of convenience only.

 

PRODUCT ORDERS

 

If you choose to order a product on citygear.com or a CityGear Mobile App you may be required to supply certain information necessary for Hibbett, as licensee of City Gear, to process your order, including your credit card number, the expiration date of your credit card, your billing address, your shipping information, and any other information without limitation. By supplying such information you grant Hibbett, as licensee of City Gear, and City Gear the right to provide such information to third parties for purposes of processing an order initiated by you or on your behalf. You represent and warrant that you have the legal right to use any credit card or other method of payment used in connection with any transaction.

Any order placed on the Platform shall be an offer to purchase product sold by Hibbett. Any order placed on the Platform is subject to the acceptance of Hibbett, as licensee of City Gear. Hibbett, as licensee of CityGear, and City Gear will not be deemed to have accepted any offer by you to purchase a product until both of the following have occurred: (i) we or a third party acting on our behalf have shipped the Product in your order and we have sent a shipment confirmation email to the email address associated with your order, and (ii) we have charged the credit card or other method of payment designated by you. Title to the product transfers to you upon shipment to you. All purchases of product on citygear.com or any City Gear App shall be fulfilled by Hibbett, and your purchase of any product on citygear.com or any City Gear App shall be a purchase of product from Hibbett [and not City Gear].

When using a City Gear Gift Card together with a credit card or debit card in payment for an Order, an authorization hold for the full amount of the Order will be placed on the credit card or debit card. After the Order ships, the credit card or debit card will be charged only for the portion of the Order price that is not paid using a Gift Card. The credit card or debit card authorization hold will be released within three (3) to five (5) business days after the Order ships. All transactions shall appear on your credit card or debit card statement as a transaction with Hibbett [and not City Gear, LLC].

City Gear Gift Cards may be used only at City Gear brick and mortar locations. City Gear Gift Cards may not be used for online purchases at www.hibbett.com or using the Hibbett App. City Gear Gift Cards may not be used for purchases at Hibbett Sports brick and mortar store locations. Hibbett Gift Cards may not be used for purchases of citygear.com or the City Gear App.

Prices do not include shipping and handling, expedited service or sales tax, if applicable, which will be added to your total price during checkout. Hibbett may offer free shipping and handling for orders in excess of specified dollar amounts. Any such offer, if available at any given time, shall be indicated on citygear.com or a City Gear Mobile App.

Hibbett and City Gear pride themselves on providing a Premium Customer Experience and Premium Products. We strive to maintain inventory and pricing accuracy, but fluctuations may occur in-store and online without notice.

We reserve the right to cancel any order for which a pricing error has occurred. If your order is canceled, you will be notified and not charged.  If your credit card has already been charged for an order that is later cancelled for any reason, Hibbett, as licensee of City Gear, will issue you a refund

Hibbett, as licensee of City Gear, may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and will have no liability to you or any third party.

Hibbett, as licensee of City Gear, and City Gear reserve the right to do any of the following with or without notice:

  • Discontinue or limit the available quantity of any product;
  • Impose conditions on the redemption of any coupon or other promotion;
  • Prohibit sales of product to a reseller (a person or entity that purchases products with the intention of selling them, rather than using them);
  • Refuse to provide a user with any product, for any reason or no reason.

 

RETURNS

 

If you are not fully satisfied with your purchase you may return it in accordance with the City Gear Return Policy, which is incorporated into these Terms of Use in its entirety.

 

PRIVACY

 

City Gear's Privacy Policy is incorporated into these Terms of Use in its entirety.

 

MERCHANDISE AND GIFT CARDS

 

All City Gear Gift Cards are subject to the City Gear Gift Card Terms and Conditions, and all Hibbett Gift Cards are subject to the Hibbett Gift Card Terms and Conditions available on hibbett.com.

 

PROMOTIONS

 

Any City Gear promotion made available through the Platform is governed by terms and conditions that are separate from these Terms of Use. If you choose to participate in any promotion, please review the applicable Promotion’s terms and conditions as well as the City Gear Privacy Policy. In the event of any conflict between a Promotion’s terms and conditions and these Terms of Use, the Promotion’s terms and conditions shall apply.

 

DMCA COPYRIGHT POLICY

 

If you are a copyright owner or an agent thereof and believe that any content on the Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing City Gear’s Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider, City Gear, to locate the material;
  • Information reasonably sufficient to permit the service provider, City Gear, to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

As such, you acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.

If you are a copyright or trademark owner and you believe your rights have been violated, please EMAIL HIBBETT AT LEGALNOTICES@HIBBETT.COM OR write to City Gear’s designated agent VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, at City Gear, LLC, c/o Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc., 2700 Milan Court, Birmingham, Al 35211.

Hibbett Retail, Inc., formerly known as Hibbett Sporting Goods, Inc. SHALL PROCESS ANY SUCH REQUEST ON BEHALF OF ANY OF ITS SUBSIDIARIES OR AFFILIATES, INCLUDING BUT NOT LIMITED TO CITY GEAR, LLC.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
 

TRADEMARKS AND SERVICE MARKS

 

Trademarks that are used or displayed on the Platform are owned by City Gear or by third parties other than City Gear that offer and provide products and services on or through the Platform. The trademarks of City Gear may not be copied or used, in whole, partial, or modified form, without the prior written approval of City Gear or, if applicable, its subsidiary, affiliate, supplier or licensor. In addition, City Gear custom graphics, logos, button icons, scripts and page headers are covered by trademark, trade dress, copyright or other proprietary rights law, and may not be copied, imitated, or used, in whole, partial, or modified form, without the prior written approval of City Gear or, as applicable, its subsidiary, or affiliate. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by City Gear or its subsidiary or affiliate.

 

LINKS TO OTHER WEBSITES

 

Citygear.com or a City Gear App may contain links to websites of third parties, including social media sites and manufacturers’ sites. Hibbett, as licensee of City Gear, and City Gear have no responsibility for any such third party web sites or their functionality, privacy settings, privacy policies, terms, or content of any such third party website. IF YOU ELECT TO CLICK ON A LINK TO ANOTHER WEBSITE ON CITYGEAR.COM YOU DO SO AT YOUR SOLE RISK. Hibbett, as licensee of City Gear, and City Gear do not endorse any linked website of a third party. Hibbett, as licensee of City Gear, and City Gear shall have no liability arising out of or related to your election to click on a link to another website on citygear.com or to click on any link of the City Gear App.

 

SECURITY


Violating the security of our Platform is prohibited and may result in criminal and civil liability. Hibbett, as licensee of City Gear, and City Gear may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Platform or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

 

DISCLAIMER OF WARRANTIES

 

THE PLATFORM AND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CITY GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE PLATFORM AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, HIBBETT AND CITY GEAR DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND THE PLATFORM’S CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY THAT IS PROVIDED SEPARATELY BY A PRODUCT MANUFACTURER OR SUPPLIER.

 

LIMITATION OF LIABILITY

 

HIBBETT, CITY GEAR, AND THEIR  PARENT, AFFILIATE OR SUBSIDIARY ENTITIES (INCLUDING BUT NOT LIMITED TO HIBBETT WHOLESALE, INC.) SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF THE PLATFORM OR THE INABILITY TO USE THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR ANY USER CREATED CONTENT, EVEN IF HIBBETT OR CITY GEAR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER IN CONTRACT OR TORT. YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM IN ANY WAY, YOUR SOLE REMEDY SHALL BE TO STOP USING THE PLATFORM. NOTWITHSTANDING THE FOREGOING, APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OF LIABILITY SET FORTH IN THIS PARAGRAPH. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. PURSUANT TO APPLICABLE LAW YOU MAY HAVE RIGHTS IN ADDITION TO THE RIGHTS CONTAINED HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CITY GEAR, AND THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR PURPOSES.

 

INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Hibbett, City Gear, and their parent, affiliate, or subsidiary entities (including but not limited to Hibbett Wholesale, Inc.), and their officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs of any kind, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Created Content, your use of Content, your use of the Platform, or any violation of these Terms of Use, any law or any rights of any third party.

 

 

APPLICABLE LAW AND JURISDICTION

 

By using the Platform you agree that the Federal Arbitration Act, applicable law, and the laws of the State of Alabama, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that might arise between you and Hibbett, City Gear, or their parent, affiliate, or subsidiary entities (including but not limited to Hibbett Wholesale, Inc.). You further agree that this Platform shall be deemed a passive website based solely in Alabama, USA, which does not give rise to personal jurisdiction over Hibbett, City Gear, or any of their parent, affiliate or subsidiary entities in jurisdictions other than Alabama, USA.


AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER

YOU AND HIBBETT, CITY GEAR, AND THEIR PARENT, AFFILIATE, AND SUBSIDIARY ENTITIES AGREE THAT: (1) ANY CLAIM, DISPUTE, OR CONTROVERSY MUST BE RESOLVED THROUGH ARBITRATION; (2) WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY; (3) RIGHTS THAT WE EACH WOULD HAVE IF WE WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST; (4) WE EACH MAY ONLY BRING A CLAIM IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND (5) THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Any claim that all or part of this class action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Any dispute or claim arising out of or relating to your use of the Platform, User Created Content, your use of Content, or your purchase of a product using the Platform shall be settled by binding arbitration. You and Hibbett, City Gear, and their parent, affiliate and subsidiary entities waive the right to go to court and agree to submit any claims to arbitration. This arbitration provision is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding the foregoing, we both retain the right to pursue in a small claims court any claim that is within that court’s jurisdiction and proceeds on an individual (non-class, non-representative) basis. With the exception of residents in New Jersey, you and Hibbett, City Gear, and their parent, affiliate, and subsidiary entities agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim arose or be forever barred.

The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules issued in Sept. 2014. Please contact the AAA for a copy of the rules. For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and Hibbett, City Gear, and their parent, affiliate and subsidiary entities (as applicable) agree. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. This provision survives any termination of your access to the Platform or any other aspect of your relationship with Hibbett or City Gear. If the class action waiver is deemed unenforceable, then this entire arbitration provision shall be rendered null and void.
 

YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY DAYS OF YOUR FIRST USE OF THE PLATFORM OR YOUR PURCHASE OF A PRODUCT (WHICHEVER IS FIRST) BY WRITING TO US VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AT HIBBETT AND/OR CITY GEAR2700 MILAN COURT, BIRMINGHAM, AL 35211, ATTN: LEGAL DEPT. HIBBETT SHALL PROCESS ANY SUCH OPT-OUT REQUEST ON BEHALF OF ITS PARENT OR ANY SUBSIDIARY OR AFFILIATE ENTITIES, AS APPLICABLE, INCLUDING BUT NOT LIMITED TO CITY GEAR AND HIBBETT WHOLESALE, INC

 

NOTICE TO CALIFORNIA RESIDENTS

 

California users are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3: If you have a question or complaint regarding the Platform, please click on the “Contact Us” email link on citygear.com and complete the form. You may also contact us by writing to Hibbett and/or City Gear via U.S. Certified Mail, Return Receipt Requested, at 2700 Milan Court, Birmingham, Alabama 35211, ATTN: Legal Department, or by calling us at (844) 362-4422. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Hibbett shall respond to any such questions on behalf of its parent, subsidiary or affiliate entities, including but not limited to City Gear and Hibbett Wholesale.

 

SEVERABILITY

 

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall remain valid and enforceable, other than as specified in the Agreement to Arbitrate and Class Action Waiver section above.

 

TERMINATION

 

Hibbett, as licensee of City Gear, and City Gear reserve the right in their sole discretion to terminate your account, delete any of your User Created Content, and restrict your use of all or any part of the Platform for any reason or no reason, without notice, and without liability to you or anyone else. Hibbett, as licensee of City Gear, and City Gear also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Platform. You understand and agree that some of your User Created Content may continue to appear on the Platform even after your User Created Content is removed or your account is terminated. These Terms of Use remain effective even after your account is terminated.

 

 

MISCELLANEOUS

 

These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the course of conduct nor course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Hibbett, as licensee of City Gear, and City Gear may assign their rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with any remedy, claim, or right of reimbursement. Except where the context otherwise requires, wherever used, the singular shall include the plural, the plural the singular and the word “or” is used in the inclusive sense (and/or). The term “including” as used herein shall mean including, without limiting the generality of any description preceding such term (regardless of whether the term “including” is followed by words such as “but not limited to” or “without limitation” in some provisions but not others). The headings in these Terms are for the sole purpose of convenience of reference and shall not in any way limit or affect the meaning or interpretation of any of the provisions of these Terms.