C&B Operations LLC
Terms of Use

Last Updated:  August 22, 2025

 

C&B Operations LLC ("C&B," "we," "us," or "our") welcomes you to our website, christopherandbanks.com.  These terms and provisions (collectively, "Terms of Use") apply to access to and use by our customers and other users (each of which may be referred to, individually and where applicable, as "you") of our website, applications, widgets, features, social media sites and any other online service that is owned or controlled by C&B, on which these Terms of Use are posted or expressly referenced (collectively, "C&B Services”).  These Terms of Use also apply to all advertising and marketing channels of C&B Services including, but not limited to, the internet, television, connected television, radio, telephone, catalog, mobile device, messaging (SMS, MMS and email), social media and participating retail stores.  Our Privacy Policy, which you should review here Privacy Policy, is incorporated by reference into these Terms of Use, and if you agree to receive SMS and/or MMS promotional and marketing messages from us, you should review our full SMS Messaging Terms and Conditions, incorporated by reference into these Terms of Use.

Your use of the C&B Services and/or accessing any of the C&B Services advertising and marketing channels at any time after the “Last Updated” date indicated above constitutes your agreement to be bound by these Terms of Use, which include a class action waiver and an arbitration agreement.  IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS OF OUR PRIVACY POLICY (AND OUR SMS MESSAGING TERMS AND CONDITIONS, AS APPLICABLE), DO NOT ACCESS OR USE THE C&B SERVICES OR PROVIDE PERSONAL INFORMATION TO US THROUGH ANY C&B SERVICES OR PLATFORM.

By using the C&B Services, you represent and warrant that you are of legal age to form a binding contract with C&B. If you are under 13 years of age, you should not use the C&B Services. These Terms of Use constitute the entire agreement between you and C&B with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.

  1. Changes in Terms of Use

C&B shall have the right at any time and at its sole discretion to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the C&B Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the C&B Services. You are responsible for reviewing these Terms of Use periodically for any modification to these Terms of Use that may affect your rights or obligations hereunder. Any access to or use of the C&B Services by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms of Use by any party other than C&B shall be valid or enforceable against C&B unless expressly agreed to by C&B in a writing signed by a duly authorized officer of C&B.

  1. Termination

Unless specifically superseded in an ancillary agreement, these Terms of Use are effective until terminated by C&B. C&B may terminate these Terms of Use without notice and at any time in connection with any of the C&B Services. In the event of termination, you are no longer authorized to access the C&B Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities and limitations of liabilities set forth in these Terms of Use, shall survive termination.

C&B also has the right without notice and at any time to terminate some or all of the C&B Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use the C&B Services or any feature or portion thereof.

  1. Compliance with Laws

You agree to comply with all laws, statutes, ordinances and regulations regarding your use of the C&B Services and your purchase of products or services through them.

  1. Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided by C&B on or through the C&B Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."

The Content may contain errors, omissions or typographical errors or may be out of date. C&B may change, delete or update any Content at any time and without prior notice. Unless specifically superseded in an ancillary agreement, the Content is provided for informational purposes only and is not binding on C&B in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by C&B or by third parties that have licensed their use to C&B. You may view and use the Content only for your personal information and for non-commercial shopping and ordering on or through the C&B Services, and for no other purpose. Except for the foregoing permitted use, C&B does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the C&B Services, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content other than as specifically permitted in these Terms of Use or as otherwise expressly permitted in the Content or in a writing signed by C&B is strictly prohibited.  You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search and/or extract information from any of the C&B Services.  Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Third parties other than C&B may sell lines of goods and services through the C&B Services. In addition, the C&B Services provide links to the websites of affiliated companies and certain other businesses. C&B is not responsible for examining or evaluating, and C&B does not warrant the offerings of, any of these businesses or individuals or the content of their websites. C&B does not assume any responsibility or liability for the actions, goods, services or content of any of these or other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

  1. C&B Services Use

You are authorized to use the C&B Services only for your personal, non-commercial purposes.  By accessing the C&B Services, you agree that you will not use any of the C&B Services in any way that is prohibited by these Terms of Use, including by using any of the C&B Services in a way that is illegal or could give rise to civil liability or that could violate the security of any C&B Services or otherwise cause injury to C&B or any other party.  Examples (without limitation) of prohibited uses, whether done directly or indirectly:

  • Interfering or attempting to interfere with the proper function of, or any activity conducted on, any C&B Services;
  • Taking any action that imposes an unreasonable or disproportionately large load on our systems, network or infrastructure;
  • Engaging in or attempting any conduct that restricts or inhibits any person from using any C&B Services;

·        Performing or attempting any probe, scan, vulnerability test or exploitation, or breach of the security of any C&B Services, or our systems, network or infrastructure;

  • Performing or attempting unauthorized spidering, "scraping," or harvesting of content, or using any other unauthorized automated means to compile content or information; or
  • Performing or attempting any decompiling, disassembly, deciphering or reverse-engineering any of the software comprising or in any way making up a part of any C&B Services.

You also agree not to use any of the C&B Services to post or transmit any unlawful, threatening, abusive, hateful, inflammatory, libelous, defamatory, harmful, offensive, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate the law, give rise to civil liability, or violate the security of any of the C&B Services, our systems, network or infrastructure. We reserve the right to take such action as we deem appropriate: (a) if any C&B Services are used to disseminate such materials; and (b) to enforce our rights under these Terms of Use, which may include investigation and working with law enforcement authorities to prosecute users who violate these Terms of Use.  Violations of system or network security may result in civil or criminal liability.

  1. User Comments and Submissions

Except as otherwise expressly provided in these Terms of Use, you hereby grant to C&B a non-exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications, images or other material (collectively, "Submissions") that you send to or post on the C&B Services. Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. C&B will be entitled to use, reproduce, modify (to creative derivative works), disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the C&B Services (including but not limited to christopherandbanks.com) any Submissions which you do not wish to license to C&B.

You are strictly prohibited from sending to or posting through the C&B Services, any Submission(s) that: (a) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (b) are libelous, harassing, false, misleading, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory; (c) are unrelated to C&B Services; or (d) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark or patent law.  You agree to indemnify, defend and hold C&B and our members, managers, officers, directors, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, if any materials you send to or post through any C&B Services result in a third party claim that any information or material you provide infringes a third party proprietary right.

  1. Notice and Procedures for Making Claims of Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the C&B copyright agent the written information specified below:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work or other intellectual property that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on C&B Services, including the item number, if applicable;
    • Your address, telephone number, facsimile number and email address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
    • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

C&B’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

email: copyrightagent@imediabrands.com or send a formal letter to:

C&B Legal Department

38955 Hills Tech Dr.

Farmington Hills, MI 48331

Attn: Copyright Agent

 

  1. Third Party Sites and Content

Links to other Internet sites operated by third parties, including C&B vendors, do not constitute sponsorship, endorsement or approval by C&B of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by C&B, and C&B is not responsible for the availability, content, security, policies or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

To the extent any Content is provided by third parties, C&B includes it for informational purposes only. Pursuant to Section 230 of the Federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.

  1. Merchandise Orders, Risk of Loss and Returns

C&B accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. C&B likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. We will add shipping and handling fees and applicable sales/use tax to your order. C&B reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, "Merchandise") offered through the C&B Services. Merchandise displayed through the C&B Services is available while supplies last. Descriptions of, or references to, Merchandise through the C&B Services do not imply endorsement of that Merchandise, or constitute a warranty, by C&B. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, C&B never takes title to the refunded Merchandise. Learn more about returning Merchandise on our website.

  1. Your Account

You are responsible for maintaining the confidentiality of your C&B account access/login credentials and for restricting access to your computer. You accept responsibility for all activities that occur under your account or login.

  1. Disclaimer and limitation as to use of C&B Services

C&B Services are operated on an "as is," "as available" basis. To the full extent permitted by law, C&B and its affiliates disclaim any and all representations and warranties with respect to the C&B Services, whether express, implied or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Without limiting the foregoing, C&B and its affiliates do not represent or warrant that the C&B Services will operate without interruption or error. Under no circumstances shall C&B or its affiliates, or any of their employees, directors, officers, members, managers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the C&B Services, including, but not limited to, general, special, consequential, incidental, exemplary or any other type of damages. Your use of the C&B Services is at your sole risk. Some states do not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.

  1. Arbitration Agreement

Instead of suing in court, you and C&B agree to arbitrate disputes on a bilateral (individual) basis. You and C&B agree that any dispute, controversy or claim between you and C&B which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (a) these Terms of Use; or (b) any aspect of your relationship with C&B and C&B Services, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and C&B and/or C&B Services (collectively, "Claims"), shall be resolved by one arbitrator through binding arbitration (the “Arbitration Agreement”). This Arbitration Agreement is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or C&B may bring an individual lawsuit in small claims court consistent with the jurisdictional and dollar limits that may apply. The arbitrator's decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. ("FAA"), and judgment on the award may be entered in any court with jurisdiction.

                         i.                              Class Action Waiver. C&B and you each agrees that each and both Parties are waiving the right to a trial by jury and may bring Claims against the other party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under this Arbitration Agreement shall be conducted on an individual (and not a class-wide or collective) basis and an arbitrator shall have no authority to award class-wide or collective relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("Class Action Waiver"). If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

 

                       ii.                              Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and stating the specific relief sought. All notices to C&B must be sent to the following address: C&B Legal Department, 38955 Hills Tech Drive, Farmington Hills, MI 48331. All notices sent by C&B to you will be sent to the email and/or mailing address provided in your C&B Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or C&B may commence an arbitration proceeding. Both you and C&B agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

 

                     iii.                              Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from C&B; or (b) sign up for any program or service provided by C&B. You may also opt out of this Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement.

 

                     iv.                              Arbitration Procedures. The arbitration of any Claim under this Arbitration Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information about how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and C&B agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State of Michigan, and each party will pay one-half (1/2) of all costs of the arbitration, except that each party shall pay the fees and costs of its own counsel, experts and witnesses.

 

                        v.                              Governing Law and Other Terms. This Arbitration Agreement shall be governed by and interpreted, construed and enforced in accordance with the FAA and other applicable federal law.  If state law applies to any aspect of these Terms of Use, or to any disputes or Claims that are covered by this Arbitration Agreement, the laws of the State of Michigan will govern without giving effect to any conflict of laws provisions, and the parties: (1) submit to the jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan; and (2) waive any objections to jurisdiction or venue and stipulate that the venues referenced in this paragraph are convenient. C&B will provide notice of any material changes to this Arbitration Agreement. Except as set forth above regarding the Class Action Waiver, if a court determines that any provision of this Arbitration Agreement is invalid or unenforceable, that determination will not invalidate the remaining provisions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Arbitration Agreement, including whether any dispute falls within its scope. However, you and C&B agree that any issue concerning the validity of the Class Action Waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the Class Action Waiver.

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