Terms and Conditions of Use
Gerber Childrenswear LLC may revise these terms and conditions at any time by updating this posting.
Last Update 2/1/12
Through the Site, we provide information about Gerber Childrenswear and the various products and services offered by the Company and our licensors, licensees, agents, and other business partners (each a “Partner”), as well as the opportunity to buy our products. These Terms and any general information on the Site in no way override the specific terms and conditions of your purchase of any product or service, unless explicitly stated otherwise herein. To the extent any area of the Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. If there is a direct conflict between these Terms and Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
The form and nature of the services, content and all information posted on the Website is subject to change without notice. In addition, we shall have the right in our sole discretion, at any time and without prior notice, to revise these Terms or impose new terms and conditions with respect to access to or use of the Site and/or purchase of goods and services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of the Terms. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS PERIODICALLY FOR ANY MODIFICATION THAT MAY AFFECT YOUR RIGHTS OR OBLIGATIONS. YOU AGREE YOU SHALL BE DEEMED TO BE APPRISED OF AND BOUND BY ANY MODIFICATION TO THE TERMS. ANY ACCESS OR USE OF THE SITE 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 of the Terms by any party other than Gerber Childrenswear shall be valid or enforceable against the Company unless expressly agreed to by us in a writing signed by a duly authorized officer of the Company.
In addition, we reserve the right, at any time, with or without notice, temporarily or permanently, to: modify or discontinue the Site; charge fees in connection with the use of some or all of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer special opportunities to some or all users of the Website. BY YOUR USE OF THE SITE, YOU AGREE THAT NEITHER WE NOR ANY PARENT, SUBSIDIARY, LICENSOR, LICENSEE, CUSTOMER, SUPPLIER, AGENT, OR OTHER AFFILIATE OF OURS (EACH, AN "AFFILIATED ENTITY"), NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY USE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE TERMS, THE SITE ITSELF, OR OF ANY SERVICE, CONTENT, FEATURE OR PRODUCT OFFERED THROUGH THE SITE.
3. Content and Copyright; Limited License
All designs and content featured on the Site, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof (collectively the "Content"), are copyrights, trademarks, trade dress, patents, or other intellectual property that are owned, controlled, licensed, or otherwise used with permission by Gerber Childrenswear. This Site in its entirety is protected by copyright, applicable trade dress, and other laws protecting intellectual and other proprietary rights, and is the sole property of Gerber Childrenswear LLC©2012.
Subject to these Terms, Gerber Childrenswear hereby grants you the non-exclusive right to use the Content, subject to the following conditions: (i) the material may be used solely for informational and noncommercial purposes, or to place an order for goods or services with us; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Company-owned or -licensed trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Site. The Content and its component trademarks, logos, images, and other features are and shall remain the sole property of Gerber Childrenswear or its Partners and are protected under U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms. If you wish to obtain permission to reproduce or reprint any portion of the Content, contact us at email@example.com.
Except as set forth above, no license to download, use, or reproduce any of the Content or other material, brand names, logos and/or trademarks contained on the Site is given or implied, and the Content, brand names, logos and/or trademarks may not be downloaded, reproduced, used (except as an integral part of an authorized copy of material appearing on the Site, used pursuant to these Terms), modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing by the Company, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based in whole or part on the Content.
4. Copyright Complaints (DMCA policy)
Gerber Childrenswear respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyrights of others.
If you believe your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- • A physical or electronic signature of 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 Service Provider to locate the material;
- • Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- • A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send notice electronically to firstname.lastname@example.org, or by mail to:
Gerber Childrenswear LLC
Attn: Legal Department
7005 Pelham Road
Greenville, SC 29615
We suggest you consult your legal advisor before filing a notice or counter-notice. Also, be aware there may be penalties for false claims.
5. Our Trademarks
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to Gerber Childrenswear or are used with permission. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on the Site. Your use/misuse of the Trademarks displayed on this Site, except as allowed under these Terms, is strictly prohibited. Be advised that Gerber Childrenswear will aggressively enforce its intellectual property rights to the fullest extent of the law. Please see our Trademarks section for more information about our marks and their proper usage.
This Site may contain links to other websites (“Linked Sites”). Such links, including those to Linked Sites operated by our Partners or other third parties, do not constitute Gerber Childrenswear’s sponsorship, endorsement, or approval of the content, policies, or practices of the Linked Sites. Linked sites are not operated, controlled, or maintained by Gerber Childrenswear. We may not have reviewed all Linked Sites, and we are not responsible for the availability, content, security, policies, or practices of Linked Sites, including without limitation their privacy policies and data collection practices. YOU AGREE THAT YOUR USE OF LINKED SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH LINKED SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES, AND THAT WE SHALL HAVE NO LIABILITY FOR SUCH USE.
In general, and subject to the following limitations, Gerber Childrenswear does not object to links to this Site’s home page, using the plain text name of the Site, from third-party websites. However, unless we have a written agreement with you to the contrary, you may not: (a) use any of Gerber Childrenswear’s or our Partners’ trademarks, copyrights, logos, slogans, trade dress, or other intellectual property or other Content in or with your links; (b) present a link to this Site in a way that suggests we have any relationship or affiliation with you or your site or endorse, sponsor, or recommend you or the information, products or services on your site; (c) incorporate any Content into your website (e.g., by in-lining or framing); (d) deep link to the Site; or (e) use any names, trademarks, or slogans of Gerber Childrenswear or our Partners in any metatag. We prohibit and will disable links from any website that we believe, in our sole judgment, may be illegal, pornographic, obscene, offensive, inflammatory, contain malware or viruses, violate any of our policies, or otherwise adversely affect the name, reputation, and goodwill of Gerber Childrenswear or our Partners. Further, we expressly reserve the right to pursue all remedies available to us under law or in equity in connection with any misuse of such links to our Site.
7. User Postings
We do not and cannot review all communications and materials created by users of the Site and posted to the Site (“Postings”). We will not be responsible for the content of Postings. YOU ACKNOWLEDGE THAT THE COMPANY HAS NO EDITORIAL CONTROL OVER USER POSTINGS, AND THAT BY PROVIDING YOU WITH THE ABILITY TO VIEW AND DISTRIBUTE USER-GENERATED CONTENT ON THE SITE, GERBER CHILDRENSWEAR MERELY ACTS AS A PASSIVE CONDUIT, BULLETIN BOARD, OR HOST FOR SUCH DISTRIBUTION AND DOES NOT UNDERTAKE ANY OBLIGATION OR LIABILITY RELATING TO POSTINGS, INCLUDING BUT NOT LIMITED TO POSTINGS WHICH ARE ILLEGAL, FALSE OR ERRONEOUS, DEFAMATORY, OBSCENE, PROFANE, HARASSING, DANGEROUS, OR OTHERWISE ARE OFFENSIVE OR VIOLATE ANY PERSONAL OR PROPRIETARY RIGHTS.
8. Unauthorized Access
You may not take any action to interfere with the Site or any other user's use of the Site or to decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Content in any way. You agree you will not post, upload, share, transmit, distribute, or otherwise make available through or in connection with the Website: (a) any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful, invasive, or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (b) any unsolicited or unauthorized advertising or promotional material, "junk mail," "spam," "chain letter," investment opportunity, or any other form of solicitation; or (c) any material, non-public information about a company without the proper authorization to do so. You further agree not to impersonate any person or entity on the Site or use the Site to impersonate any employee or representative of Company or an Affiliated Entity. You may not: (a) interfere with or disrupt the operation of the Site or the servers or networks used to make the Website available; (b) restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website); (c) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; (d) frame or mirror any part of the Website without Company's express prior written consent; (e) create a database by systematically downloading and storing Content or user information; or (f) use a robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather user information or reproduce or circumvent the navigational structure or presentation of the Website.
9. User Representations
By using the Site, you represent, warrant, and covenant that: (a) you are at least 18 years old; (b) you are a resident of the United States; and (c) your use of the Site will not violate these Terms.
10. User Submissions
We reserve the right immediately to terminate your access to and use of the Site or any portion thereof, including the right to purchase goods and services, at any time and for any reason, with or without cause. Termination may include but is not limited to blocking access to the Site by a particular IP address. You agree that neither we nor our Partners shall have any liability for termination of your access to the Site. Upon such termination, your right to use the Site shall immediately cease. In the event of termination of access to the Site or of the Site itself, those provisions of these Terms which would be expected to survive termination shall do so.
12. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of goods through the Site.
13. Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contests, or similar promotions made available through the Site will be governed by specific rules applicable to each promotion and separate from these Terms. By participating in a promotion, you will become subject to its respective rules, which may vary from these Terms and impose eligibility requirements. It is your responsibility to read the applicable rules to determine whether or not your participation, registration and/or entry in a promotion are valid.
14. International Users
The Site is owned, controlled, and administered by Gerber Childrenswear or its agents from its offices within the United States of America and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site is appropriate for use in any jurisdiction other than the United States. If you choose to access the Site, you do so at your own risk and are responsible for complying with all applicable local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability in whole or part to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion, including by blocking IP addresses.
Although we distribute our products internationally through other channels, products sold to consumers through the Site are intended for end use only in the United States, may not be labeled for international distribution or use, and may not comply with local laws, regulations, and ordinances outside the United States. We prohibit shipping our product to any location outside the United States. We reserve the right to cancel or modify any order that conflicts with these Terms.
15. Prices; Orders
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. All prices displayed on the Site are quoted in U.S. dollars. We may restrict delivery to addresses within the United States. We will add shipping and handling fees and applicable sales/use tax as necessary. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not imply endorsement of that product or service, or constitute a warranty by Gerber Childrenswear. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to the credit card account you used for your purchase in the amount of the incorrect price, or we will contact you if necessary in order to issue you a credit or refund.
16. Order Acceptance
Please note that we may be unable to accept and/or may cancel orders. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason and to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or other order problems we identify. We may also require additional verifications or information from you before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Actual product colors may vary form the colors depicted on the Site. We have done our best to display as accurately as possible the colors of the products shown on the Site. However, the colors you see will depend on your monitor, and we cannot guarantee your monitor's display of any color will be accurate.
18. Product Availability
Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Inventory information is generally available on the Site for U.S. orders only. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as available will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order but sold out by the time your order is processed. However, if an item that is purchasable in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by email that your order will not be filled and your credit card will not be charged.
19. Shipping and Returns & Exchanges Policies
Where applicable, our Shipping and Returns & Exchanges policies are posted on the Site for your review. Those policies are incorporated in these Terms by reference. We request that you please read all of our policies thoroughly prior to purchasing products and merchandise from our Site.
GERBER CHILDRENSWEAR MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ITS CONTENT, OR TO ANY LINKED SITE OR ITS CONTENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GERBER CHILDRENSWEAR, ITS PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF GERBER CHILDRENSWEAR (OR AN AFFILIATED ENTITY, IF APPLICABLE) IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Gerber Childrenswear, its Partners, and their respective officers, directors, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to (i) your violation of these Terms, any law or regulation, or the intellectual or other proprietary rights of any third party; or (ii) any unlawful activity by you related to your account.
23. Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws principles. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF GREENVILLE, STATE OF SOUTH CAROLINA, AND WAIVE ANY JURISDICTIONAL, VENUE OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.
24. Contact Us; Questions or Complaints
If you have any questions regarding the Terms, please submit them to email@example.com.
25. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to: Gerber Childrenswear LLC, c/o Gerberchildrenswear.com; 7005 Pelham Rd., Greenville, SC 29615. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Website ©2012 Gerber Childrenswear LLC, unless otherwise noted. All rights reserved.