Terms & Conditions
1. General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Gerber Childrenswear LLC (“GC LLC"). In consideration of your use of and access to this Internet website and the promises and obligations herein, your access to and use of the GC LLC website is subject to these Terms, as well as any modifications issued by GC LLC to these Terms, and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the GC LLC website. GC LLC provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by GC LLC in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the GC LLC website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
GC LLC shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the GC LLC website. 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 GC LLC website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GC LLC to these Terms. ANY ACCESS OR USE OF THIS WEBSITE 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 to these Terms by any party other than GC LLC shall be valid or enforceable against GC LLC unless expressly agreed to by GC LLC in a writing signed by a duly authorized officer of GC LLC.
3. Termination
GC LLC reserves the right to immediately terminate this agreement and/or your access to and use of the GC LLC website or any portion thereof, at any time and for any reason, with or without cause. GC LLC shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the GC LLC website shall immediately cease. Sections 4 through 14 of these Terms shall survive termination.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the GC LLC website and your purchase of the items from GC LLC on the GC LLC website.
5. Content
All design and content featured on the GC LLC website, including the text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content", and are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by GC LLC. This website in its entirety is protected by copyright and applicable trade dress. The Content may contain errors, omissions, or typographical errors or may be out of date. GC LLC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GC LLC in any way except to the extent it is specifically indicated to be so. You may view and use the Content only for your personal, noncommercial use, and for shopping and ordering on the GC LLC website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. GC LLC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the GC LLC website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Notwithstanding the foregoing, you may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the website solely for your own noncommercial use, or to place an order with GC LLC or to purchase GC LLC’s products. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by GC LLC, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet websites operated by third parties, including GC LLC vendors, do not constitute sponsorship, endorsement, or approval by GC LLC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GC LLC, and GC LLC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders
All prices displayed on the GC LLC website are quoted in U.S. dollars. GC LLC may restrict delivery to addresses within the United States and Canada. GC LLC will add shipping and handling fees and applicable sales/use tax as necessary. GC LLC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the GC LLC website without incurring any obligation to you. Products displayed on the GC LLC website are available while supplies last. Descriptions of, or references to, products or services on the GC LLC website do not imply endorsement of that product or service, or constitute a warranty by GC LLC. The receipt by you of an order confirmation does not constitute GC LLC's acceptance of an order. Prior to GC LLC's acceptance of an order, verification of information may be required. GC LLC reserves 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 from GC LLC, for any reason. GC LLC reserves 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, GC LLC 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, GC LLC shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. User Participation
GC LLC does not and cannot review all communications and materials posted to or created by users accessing the website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the website, GC LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website. Notwithstanding the foregoing, GC LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene; or (b) fraudulent, deceptive, or misleading; or (c) in violation of a copyright, trademark or other intellectual propoerty right of another; or (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to GC LLC at its sole discretion. Any personally identifiable information you may post or transmit on the website will be treated by GC LLC in accordance with GC LLC’s Privacy Policy.
9. User Submissions
Except for any personally identifiable information GC LLC may collect from you under the guidelines established in GC LLC’s Privacy Policy, any material, information or other communication you transmit, upload or post to this website (“Communications”) will be considered non-confidential and non-proprietary. GC LLC will have no obligation or liability with respect to the Communications. GC LLC and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
10. User Chat Rooms
GC LLC may, but is not obligated to, monitor or review any areas on the website where users transmit or post Communications or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards or other user forums, and the content of any such Communications. GC LLC will have no obligation or liability with respect to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
11. Disclaimer
GC LLC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GC LLC WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. GC LLC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GC LLC WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT GC LLC 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 GC LLC WEBSITE. 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.
12. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GC LLC, ITS PARENT, SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR 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 GC LLC WEBSITE, EVEN IF GC LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GC LLC's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
13. Indemnification
You agree to defend, indemnify, and hold harmless GC LLC, its parent, subsidiaries and affiliates, GC LLC's vendors, and each of their affiliates and related entities and their respective directors, officers, 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, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
14. Governing Law
This agreement is governed by and construed in accordance with the laws of the State of Missouri, U.S.A., 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 St. Louis, State of Missouri, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
15. Order Guidelines
Consult the Order Policy attached as a separate link on the GC LLC B2B website.
16. Return Policy
All returns must have approved authorization from GC LLC. Consult the Return Policy attached as a separate link on the GC LLC B2B website.