These Terms constitute the entire and exclusive and final statement of the agreement between you and Gap with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Gap with respect to such subject matter. Please note that, prior to submitting an application or accepting a job offer with Gap, you may be asked to sign additional terms.
The failure of Gap 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 is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of Gap and you as reflected in the provision and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Gap Websites. These Terms will be interpreted without application of any strict construction in favour of or against you or Gap. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gap without restriction.
Right to Change Sites
We reserve the right, at any time at our sole discretion, to: modify, suspend or discontinue Gap Websites and/or offer opportunities to some or all users of the Gap Websites to reflect changes to our users’ needs and our business priorities. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Gap Website, or any service, content, feature or product offered through Gap Websites.
Right to Change Terms
To the extent permitted under applicable law, Gap may, at any time, in its sole and absolute discretion and without prior notice, amend or update the Terms. If Gap does so at any time, you will either comply with such changes or communicate to Gap your non-acceptance, in which case that communication will have the effect of a notice of termination, and you shall immediately cease using the Gap Websites. Your continued use of the Gap Websites (including any use of the Gap Websites after a notice of non-acceptance from you) shall be deemed acceptance of any such changes.
Unless otherwise noted, the Sites and all Materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials 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.
Gap Websites are intended solely for personal, non-commercial use. You may download or copy the Materials displayed on Gap Websites for your personal use only. No right, title or interests in any Gap Websites are 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 Gap Websites.
Unless otherwise specified, Gap Websites 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: US Patent Nos. 5,528,490, 5,761,649 and 6,029,142.
Personal Information Submitted Through the Sites
Gap respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Screen-scraping (or web-scraping) is prohibited without the express written consent of Gap.
User Comments, Feedback and Other Submissions
Gap is pleased to hear from users and welcomes your comments regarding Gap Websites. Gap's long-standing company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Gap's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, portfolios or other materials, whether online, by email, by postal mail or otherwise (collectively, "Comments"). Gap is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Gap has the right, but not the obligation, to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including, but not limited to, copyright, trademark, confidentiality, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Gap and/or Gap Websites. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead Gap or third parties as to the origin of any Comments. You are solely responsible for any Comments that you make and their accuracy. Gap takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Linking To Gap Websites
Linking to the Gap Websites (including an internal or subsidiary page of any website comprising a part of the Gap Websites) must be approved in writing by Gap. A limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
- does not utilise content of a Gap Website;
- does not utilise a Gap logo;
- does not use framing of a Gap Website;
- does not misrepresent an affiliation or other relationship with Gap;
- does not misrepresent any possible endorsement by Gap;
- does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
- is promptly modified to delete the hyperlink upon request by Gap.
Links to Third-Party Sites
Links on the Gap Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the Gap Websites. Gap does not endorse or make any representations about such third-party websites and Gap is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Gap does not control those websites and Gap is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
You agree to indemnify, defend and hold harmless Gap, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable lawyers' fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or softwares) use of the Gap Websites or breach of any provision of these Terms. Gap reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Gap’s defence of such claim and in no event may you agree to any settlement affecting Gap without Gap’s prior written consent.
When you visit the Gap Websites or send emails to Gap, you are communicating with Gap electronically. We may respond to you by email or by posting notices on the Gap Websites. You agree that all such notices, disclosures and other communications that Gap provides to you electronically satisfy any legal requirement that such communications be in writing.
Errors, Inaccuracies and Omissions
Occasionally there may be information on Gap Websites that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information on Gap Websites that is inaccurate at any time without prior notice (including after you have submitted a job application). Gap assumes no responsibility (and expressly disclaims responsibility) for updating the Gap Websites to keep information current or to ensure the accuracy or completeness of any posted information.
Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, job postings and job offers or other matters described in the Gap Websites. Gap provides no assurances that any reported problems will be resolved by Gap, even if Gap elects to provide information with the goal of addressing a problem.
Mindful of the high cost of litigation, not only in pounds but also in time and energy, both you and Gap agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to your use of Gap Websites, 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
- to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or
- to you at: your last-used address in your account profile.
Both you and Gap agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions, notwithstanding your actual place of residence. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Francisco and/or the Northern District of California and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Gap's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect.
Gap Websites are provided "as is" without conditions or warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of intellectual property. Gap Inc. expressly disclaims any duty to update or revise the materials on the Sites, although Gap may modify the materials at any time without notice. Your use of Gap Websites is at your sole risk and you assume full responsibility for any costs associated with your use of Gap Websites. Gap shall not be liable for any damages of any kind related to your use of Gap Websites.
Limitation of Liability
IN NO EVENT WILL GAP BE LIABLE EITHER FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GAP WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, IN EITHER CASE WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF GAP HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Gap may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Gap’s liability shall be the minimum permitted under such applicable law.
Nothing in these Terms excludes or limits Gap’s liability which cannot legally be limited.
These terms are effective unless and until terminated by either you or Gap. You may terminate this Agreement at any time. Gap also may terminate this Agreement at any time without notice, and accordingly may deny you access to Gap Websites, 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.