PLEASE READ THE TERMS BELOW CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THE AGREEMENT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AND REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE MOST DISPUTES EXCEPT AS OTHERWISE PROVIDED BELOW. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our 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 we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SITE CONTENTS
Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled, or licensed by Gap Inc. GAP, GAPKIDS, BABYGAP, BANANA REPUBLIC, OLD NAVY, ATHLETA, and other trademarks appearing on the Sites are the trademarks of Gap Inc. and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Gap Inc.’s products and services available in the United States. The Sites are controlled and operated by Gap Inc. from its offices in San Francisco, California. One or more patents may apply to the Sites, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training, or athletic program. Gap Inc. is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.
ERRORS, INACCURACIES, AND OMISSIONS
Information on our Sites may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Gap Inc. is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Gap Inc.’s employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Gap Inc. through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews, or other content on the Sites, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Contents”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Gap Inc. is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Sites.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Gap Inc. or third parties as to the origin of any Comments. You agree to comply with our Endorsement Policy and to clearly and conspicuously disclose if you received compensation or other incentive of any kind, from any source, in exchange for posting Comments. You are solely responsible for any Comments you make and their accuracy. Gap Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
YOUR PERSONAL INFORMATION
Our Privacy Policy explains how we collect, use, and share your personal information when you access or use our websites, mobile applications, and any other online services. Please read the Privacy Policy to learn more about how we process your personal information, including details on your privacy rights and choices. The Privacy Policy is also available through the link located at the bottom of the Sites.
EVENT PARTICIPATION WAIVER AND RELEASE
By signing up for an online activity available through the Sites, such as a fitness class (the “Activity”), you agree to assume full responsibility for all risks that may arise out of or result from participation in such Activity. You understand that the Activity can result in physical or emotional injury, and that these risks and dangers may be caused by foreseeable or unforeseeable causes. You hereby represent that you are performing the Activity voluntarily, with full knowledge of the potential hazards, and you expressly, knowingly, and voluntarily assuming the risk of any and all injury.
In consideration of participation in the Activity, you hereby expressly waive, release, and discharge Gap Inc. and all of its subsidiaries, divisions, affiliates, related entities and/or assigns, including their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, “Gap Inc.”), from any and all liability for any accident, injury or other loss that may arise from participation in the Activity including, without limitation, accidents, negligence (your own and/or Gap Inc.’s), equipment malfunction or defect, and/or forces of nature.
You acknowledge and agree that you have carefully read this waiver and release and fully understand that it is a release of liability. You acknowledge and understand you are waiving any right that you may have to bring a legal action to assert a claim against Gap Inc. for negligence arising out of or connected with the Activity.
Further, you hereby give Gap Inc. the right and permission to use your comments, name, voice, image and/or likeness recorded or taken during the Activity (collectively “Materials”) in any manner or media, including any online, digital, multi-media, or electronic mediums, anywhere in the world, any number of times for any period of time for any purpose. You waive any right to approve any use of the Materials. You further waive all rights known as “moral rights” which you may now or later have. You hereby release, discharge, and hold harmless Gap Inc. and any person acting on Gap Inc.’s behalf from any liability whatsoever related in any way to use of the Materials.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Gap Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gap Inc.’s Digital Millennium Copyright Act (“DMCA”) designated 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 interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone 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 owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Gap Inc.’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:
Please note that this procedure is exclusively for notifying Gap Inc. and its subsidiaries that your copyrighted material has been infringed. Gap Inc.’s affiliated subsidiaries are as follows: The Gap, Inc., Banana Republic, LLC, Old Navy, LLC, Athleta LLC, Gap, GapKids, babyGap, GapBody, gap.com, gapinc.com, Gap Factory, gapfactory.com, Banana Republic, bananarepublic.com, Banana Republic Factory, bananarepublicfactory.com, Old Navy, oldnavy.com, Old Navy Outlet, Athleta, athleta.com, BR Home, BRHome.com.
PRODUCT INFORMATION
Many products displayed on the Sites are available in select stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
PRICING POLICY
The strike through or listed price represents a price at which we previously offered the product, or a comparable product, in our stores or online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores, online, or elsewhere in the market on any particular day or in every location.
IN-STORE MERCHANDISE LOCATOR AND PICKUP IN STORE
Customers located in the United States may see the option to click on a “FIND IT NOW” button when looking at a particular item in a specific size and color. Clicking on the “FIND IT NOW” button will show you the availability of the selected item in stores near you. The availability information is not guaranteed to be accurate and the item may no longer be available when you visit the store. The actual in-store price of an item may vary between stores and may be different from the online price for the same item.
U.S. Customers may also see a “Pickup in Store” option when looking at a particular item. This feature allows you to buy a particular item online and pick it up in a selected store, subject to availability. Clicking on the feature will include a form on the checkout page which collects your name and email, and optionally your mobile number. This information will be used by Gap to contact you by email (and also by SMS text message to your mobile phone if you choose) about the status of your Pickup in Store Purchases. We may use this information as described in our Privacy Policy, however we will not use the contact information obtained through the Pickup in Store feature to send you any other marketing communications besides your Reserve in Store status updates unless you consent to receive marketing. You may also be sent a short survey requesting feedback regarding this feature.
If you enter your mobile phone number and check the box to receive Pickup in Store status SMS text messages, you are consenting to receive text messages from us about the status of your Pickup in Store requests and your participation in the program (including stop request confirmations). You will receive approximately three messages per item purchased once you have opted into the service. Providing your mobile phone number is not a condition of purchase. You can stop receiving these texts by responding “STOP.” Standard message and data rates may apply.
RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Sites or any service, content, feature, or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Sites.
LINKS TO OTHER WEBSITES AND SERVICES
The Sites may contain links to other websites that are not under the control of Gap Inc. Gap Inc. has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.