Terms and Conditions
Gerber Childrenswear LLC
Gerber Childrenswear LLC may revise these terms and conditions at any time by updating this posting.
Last Updated January 1, 2020
Through the Site, we provide information about the Company and the various products and services offered by the Company and our licensors, licensees, agents, retail customers, 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 conflict between these Terms and Specific Terms, the Specific Terms shall prevail.
Changes in Terms
The form and nature of the services, content and all information posted on the Site are subject to change without notice. In addition, we 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 the 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 anyone other than the Company 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 Site.
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 the Company. 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©2016.
Subject to these Terms, the Company 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 the Company 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 expressly authorized herein or in writing by the Company, you agree not to reproduce, modify, lease, loan, sell, distribute, or create derivative works based in whole or part on the Content.
Copyright Complaints (DMCA policy)
The Company 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.
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to the Company 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 the Company 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 the Company’s sponsorship, endorsement, or approval of the content, policies, or practices of the Linked Sites. Linked sites are not operated, controlled, or maintained by the Company. 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, the Company 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 the Company’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 the Company 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 the Company 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.
We do not and cannot review all reviews, comments, and other 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, THE COMPANY 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 THAT ARE ILLEGAL, FALSE OR ERRONEOUS, DEFAMATORY, OBSCENE, PROFANE, HARASSING, DANGEROUS, OR OTHERWISE OFFENSIVE OR THAT VIOLATE ANY PERSONAL OR PROPRIETARY RIGHTS.
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 Site: (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 Site available; (b) restrict or inhibit any other person from using the Site (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 Site.
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.
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.
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.
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.
The Site is owned, controlled, and administered by the Company 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 may 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 will not ship products purchased on the Site to any location outside the United States and its territories, possessions, and military base exchanges. We reserve the right to cancel or modify any order that conflicts with these Terms.
The prices and availability of 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 restrict delivery to addresses within the United States. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not constitute a warranty by the Company.
Website Colors and Accessibility
Actual product colors may vary from 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.
We follow the W3C’s globally recognized standards to provide content that is compatible with computer-based assistive technologies and browsers. We recommend using the most current versions of (or the version released just prior to) the manufacturer’s assistive technology applications, along with a current version of the browsers such as Internet Explorer, Safari, Firefox or Chrome. We also recommend trying different types of browsers with assistive technology applications to determine which combination works best for you.
Additionally, we support screen magnification technologies and accessibility features—like zoom, color and other image controls—that major browsers provide.
We do not provide assistive technology applications or browsers. Please visit the individual manufacturer’s site for information about how to obtain them. You may also have access to assistance from local and state agencies or non-profit groups in your area.
IF YOU ARE HAVING ANY TROUBLE ACCESSING THE SITE OR THESE TERMS AND CONDITIONS, PLEASE CONTACT GERBER CHILDRENSWEAR TOLL FREE AT 1-877-313-2114, 24 HOURS A DAY, 7 DAYS A WEEK
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. 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, you will be notified by email that your order will not be filled and your credit card will not be charged.
Shipping and Returns & Exchanges Policies
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.
Contact Us; Questions or Complaints
If you have any questions regarding the Terms, please submit them to email@example.com.
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.
Any and all disputes arising out of or relating to this agreement shall be resolved by arbitration in accordance with the provisions of this Section. BY USING THIS SITE AND AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. You and Gerber Childrenswear 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 Gerber Childrenswear LLC Attn: General Counsel, 7005 Pelham Road, Suite D, Greenville SC 29615. 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. Gerber Childrenswear will reimburse those fees for claims totaling less than $10,000. Gerber Childrenswear waives its right to seek attorneys’ fees and costs in arbitration. 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.
In lieu of arbitration, either you or Gerber Childrenswear 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.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Gerber Childrenswear agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Gerber Childrenswear 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 a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain 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 site 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.
GERBER CHILDRENSWEAR GROW-WITH-US PERKS PROGRAM TERMS AND CONDITIONS
Last Updated: August 22, 2019
The following Terms and Conditions (“Terms”) between you (“you” or “your”) and Gerber Childrenswear LLC, or its subsidiaries, licensees and affiliates (collectively, “the Company,” “we,” “our,” or “us,”) describes the terms and conditions on which you may access and use the Grow-With-Us Perks Program (“Program”) and related services (the “Services”). These Terms also apply to online sales, which are part of the Services. These Terms are subject to change at any time. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 6, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST THE COMPANY IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 6 of these Terms below.
Purpose The purpose of this Program is to reward and thank valuable customers in the United States for their loyalty to the Company, and for purchasing the Company’s products. The Program allows customers to earn reward points (“Points”) for making qualifying purchases (as defined below) that can be redeemed for certain products at the Company’s website (www.gerberchildrenswear.com) (the “Website”) in the United States.
Modification of the Terms or Services The Company reserves its rights to change, modify, terminate, or eliminate the Program and/or any of the Program’s Terms, Member Benefits, FAQs, or any other descriptions of the Program at any time without notice. Any changes, modifications, or termination of the Program or its terms will be accessible at the Website and will be effective immediately upon publication on the website. the Company is not responsible for providing you with notice of changes; you are solely responsible for reviewing the Terms Benefits, FAQs and other relevant information at the Website. Please visit the Website regularly for any changes to the terms. Your continued participation in the Program after we make changes to it or to these Terms signifies your acceptance of such changes. If at any time you disagree with the Terms of the Program, you must discontinue use of the Program immediately.
- Participation.To join the program, you must provide a valid email address. It is your responsibility to keep us updated if your email address changes. You can end your participation at any time by sending an email to the Company Customer Service department at email@example.com. Upon termination, your participation and all points and rewards earned thereunder will be cancelled.
- Over 18 Years Old. By accessing or using the Program you verify that you are an individual 18 years or older; or if you are under the age of 18, you must be supervised by a parent or legal guardian who agrees to and legally consents to be bound by the Terms of the Program.
Additional Eligibility Terms. You are prohibited from having or using multiple Program membership accounts and agree to hold only one Program membership account per individual. Your membership is for personal use only. Program membership accounts are for promotional purposes and may not be used for commercial purposes. The Company reserves the right to terminate your membership in the Program at any time at its sole discretion, including if it determines you have violated the Terms or engaged in unauthorized, fraudulent, or unlawful use of the Program.
- Specific Conditions
- Qualifying Purchases and Points. Qualifying Purchases include the purchase of any product currently offered by the Company online but does not include past purchases or the purchase of gift cards. Members receive one (1) Point for each $1 spent on a Qualifying Purchase. Purchases made with earned discounts from the Program or Points will not be counted towards accumulating Points.
- Points Redemption. For every 100 Points you accumulate on your Program account, you will earn a discount reward of $10 off your next purchase of a Qualifying Product on www.Gerberchildrenswear.com. For every 250 Points you accumulate on your Program account, you will earn a discount reward of $25 off your next purchase of a Qualifying Product on our website. For every 500 Points you accumulate on your Program account, you will earn a discount reward of $50 off your next purchase of a Qualifying Product on our website. The discount will apply only if the contents of your cart exceed the discount amount. Once the amount of the cart exceeds the discount amount, you will select the dollar discount you want to be applied towards your total order value. Only one (1) discount can be applied per order.
- Member Communications. By joining or otherwise participating, you agree to receive communications about the Program, as well as advertising and marketing material from the Company. Members may unsubscribe from the Company emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from the Company’s emails, you may no longer receive email updates about Program benefits. For information about your communication preferences, contact Customer Service at firstname.lastname@example.org.
- Program accounts, benefits, Points, discount rewards and any special offers are non- transferrable, non-assignable and may not be shared and are void where prohibited.
- Points and discount rewards earned will be updated in your account within 48 hours of a qualifying transaction. You may log in to your account online at www.Gerberchildrenswear.com to view your points balance and rewards. You may also inquire about your points balance by contacting Customer Service at email@example.com.
- ARBITRATION AND CLASS ACTION WAIVER
- Mandatory Binding Arbitration. You and we agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Website, or these Terms, SHALL BE FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU HEREBY UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT to assert or defend your rights arising out of or relating to these Terms, except for matters that may be taken to small claims court. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in Greenville, South Carolina, and the parties consent to exclusive jurisdiction and venue in such courts. You and we acknowledge and agree that the Federal Arbitration Act and federal arbitration law govern and apply to arbitrations between you and us (despite any other choice of law provision).
- AAA Rules. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org.
- Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
- Limitation on Aggregating Claims. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that the CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
- Waiver of Right to Trial by Jury. WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
Other Terms. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your Program membership 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.
- DISCLAIMER and LIMITATIONS OF LIABILITY
- THIS PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO THE COMPANY FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
- THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF THE COMPANY ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
- IN NEW JERSEY, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF THE COMPANY ARISING OUT OF OR RELATING TO THIS PROGRAM AND/OR THE RELATED SERVICES.
- From time to time, there may be information on our website or in our brochures that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. the Company reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
- Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of South Carolina, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, result in court action, shall be resolved exclusively by a state or federal court located in Greenville, South Carolina, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.