Last Revised June 7, 2021
Welcome to the Gap Inc. websites, which include but are not limited to Gap.com, BananaRepublic.com, OldNavy.com, Athleta.com, GapFactory.com, and BananaRepublicFactory.com (the "Sites"). The Sites are provided as a service to our customers. You must be age 16 or older to use the Sites. The following terms and conditions govern your use of the Sites (the "Agreement").
Please read the terms below carefully as they affect your legal rights. The agreement includes a class action waiver and require binding arbitration on an individual basis to resolve disputes. 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.
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.
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, "Comments"), 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.
Personal Information Submitted Through 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;
• 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:
Legal Department - Brand Services
ATTN: DMCA Designated Agent
2 Folsom Street
San Francisco, CA 94105
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, Intermix Holdco, Inc., Janie and Jack 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, Intermix, intermixonline.com, Janie and Jack, and janieandjack.com.
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.
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 or 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.
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 in to 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.
You agree to defend, indemnify and hold Gap Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Gap Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Gap Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Gap Inc. agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Gap Inc. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to:
Attn: General Counsel
2 Folsom Street
San Francisco, CA 94105
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Gap Inc. will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. Gap Inc. waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Gap Inc. the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
In lieu of arbitration, either you or Gap Inc. may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and Gap Inc. agree that each may bring claims against the other in arbitration only in your or Gap Inc.’s respective individual capacities and in so doing you and Gap Inc. hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Gap Inc. You may terminate this Agreement at any time. Gap Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Agreement and Arbitration Agreement are governed by the laws of the State of California, without regard to any conflict of law provisions. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap Inc.'s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Sites.