Terms of Use

Effective October 3, 2018

Welcome to the Gymboree Group, Inc. Web Sites, which include but are not limited to Gymboree.com, JanieandJack.com, and Crazy8.com (the "Sites"). Please review the following terms and conditions that govern your use of and purchase of products from our Sites, including the ARBITRATION AGREEMENT. Please note that your use of our Sites constitutes your agreement to follow and be bound by these terms (the "Agreement").

We may change the terms of this agreement. Those changes will go into effect on the effective date shown in the revised Agreement. Your use of our Sites following any such change constitutes your agreement to follow and be bound by the Agreement as changed. We may change, move or delete portions of, or may add to our Sites from time to time.

Eligibility
Intellectual Property
User Comments, Feedback, and other Submissions
Janie and Jack Social Media Code of Conduct
Product Availability & Pricing
Product Display
Limits on Purchases
Tax Free Purchases
Privacy
Links to Other Web Sites and Services
Copyright Policy
Disclaimer
Indemnification
Governing Law & Venue
Arbitration Agreement & Waiver of Certain Rights
Termination
Miscellaneous

Eligibility

You must be at least 13 years old to use the Sites. If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Sites with permission from your parent or legal guardian.

Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of these Sites (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Gymboree Group, Inc. collectively and/or its subsidiaries and affiliates ("Gymboree"). The Sites as a whole are protected by copyright and trade dress. All worldwide rights, title and interests are reserved. GYMBOREE, GYMBOREE.COM, UNIQUE FROM HEAD TO TOE, GYMMIES, JANIE AND JACK, JANIEANDJACK.COM, CRAZY 8, CRAZY8.COM, and all other GYMBOREE trademarks appearing on these Sites are trademarks of Gymboree. The Contents of our sites, and the Sites as a whole, are intended solely for personal, non-commercial (other than for the purchase of merchandise from our sites) use by the users of our Sites. 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 materials or software 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 participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Sites, or any related software.

User Comments, Feedback, and other Submissions

We welcome your feedback on the Sites. All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Gymboree on or by these Sites or otherwise disclosed, submitted or offered in connection with your use of these Sites (collectively, "Comments") shall be and remain Gymboree's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Gymboree of all worldwide rights, title and interests in all copyrights and other intellectual property in the Comments. Gymboree will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Gymboree is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any compensation for any Comments; or (3) to respond to any user Comments. You represent that no Comments submitted by you to the Sites will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Janie and Jack Social Media Code of Conduct

The Janie and jack social media page (including our Facebook page and Instagram account) are intended to be online communities where customers can learn about new arrivals, promotions, events, contests, and more. We want to maintain a positive and supportive community so that everyone who visits the page feels comfortable. Please keep conversation respectful. We ask that all posted material including comments, questions, links, images and videos be both appropriate and relevant to Janie and Jack and children’s clothing. We are not responsible for the opinions or claims of other platform users posted to the Janie and Jack social media pages; other users' posts are not representative of the opinions of Janie and Jack. We do not typically confirm the accuracy of postings.

We require that all users comply with the platforms' Statement of Rights and Responsibilities or other community and acceptable use guidelines. Accordingly, please do not post anything that would violate any of those terms, or any material that may be spam, abusive, profane, hurtful, or defamatory toward a person, entity, belief, or symbol. Additionally, please avoid posting personal information such as an email address, phone number, or mailing address. We reserve the right to delete content, block you from accessing our profile, posts and stories and/or commenting on our posts and stories at our sole discretion.

If you have any questions or concerns, please contact customer service. If you are a Janie and Jack employee and have questions on how to appropriately participate on our social media pages and accounts, please contact an HR Business Partner.

Product Availability & Pricing

Most Gymboree products displayed on our Sites are available through gymboree.com, janieandjack.com, and crazy8.com and in select Gymboree, Janie and Jack, and Crazy 8 stores in the United States and may be available in select international markets while supplies last. In some cases, merchandise displayed for sale on our Sites may not be available in all sizes and colors, including when the merchandise has been marked down. Product availability, styles, promotions, and prices may vary from store to store and between stores and gymboree.com, janieandjack.com, and crazy8.com. The prices displayed at gymboree.com. janieandjack.com, and crazy8.com are quoted in U.S. Dollars and can only be paid in U.S. Dollars.

We introduce multiple lines of products each year. On our Sites, our "Reg." price refers to the price we sold the product when the line was first introduced. The "Now" prices on our Sites is the current price we are offering to our customers for those products. The "Now" prices on our Sites may change over time, or be combined with other promotions, if permitted by the terms of those other promotions.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Gymboree shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. Gymboree shall have the right to refuse or cancel any such orders whether or not 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 cancelled, Gymboree shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Product Display

We have made every effort to display as accurately as possible the colors of our products that appear on our Sites. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.

Limits on Purchases

We do not authorize the purchase of our merchandise for resale purposes. To enforce this policy, we reserve the right to limit purchases to five (5) items per style, per color, per customer and/or address (excluding "stock accessories"), regardless of size of the merchandise. Stock accessories include all hair accessories, jewelry, basic socks, sunglasses, basic tights and underwear; stock accessories do not include fashion tights, fashion socks and handbags. We also reserve the right to cancel multiple orders of merchandise purchased in violation of this policy. We may modify this policy at any time for any reason and we may make exceptions to this policy, as we deem appropriate.

This Limits on Purchases Policy applies to purchases made at our Gymboree stores, Gymboree Outlet stores, Janie and Jack stores, Janie and Jack Outlet stores, Crazy 8 stores and on www.gymboree.com, www.janieandjack.com, and crazy8.com.

In addition, orders on www.gymboree.com, www.janieandjack.com, and crazy8.com are limited to U.S. $2,500.

Tax Free Purchases

If you have questions about how to make a tax free purchase, please contact Gymboree Customer Service at 1-877-449-6932, Janie and Jack Customer Service at 1-877-449-8800 or Crazy 8 Customer Service at 1-877-427-8998.

Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify Gymboree immediately of any unauthorized access to or use of your account. Gymboree is not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

Links to Other Web Sites and Services

To the extent that these Sites contain links to outside services and resources, the availability and content of which Gymboree does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Gymboree makes no representation or warranty that any web site links contain suitable, appropriate materials.

Copyright Policy

Gymboree responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where the alleged infringing material is located
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

For clarity, only copyright infringement notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.

If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

After Gymboree receives your counter-notification, Gymboree will forward it to the party who submitted the original claim of copyright infringement. Please note that when Gymboree forwards the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. Gymboree will not forward the counter-notification to any party other than the original claimant.

After Gymboree sends out the counter-notification, the claimant must then notify Gymboree within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If Gymboree receives such notification Gymboree will be unable to restore the material. If Gymboree does not receive such notification, Gymboree may reinstate the material.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THESE SITES AND ALL CONTENTS OF THESE SITES 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTEND PERMITTED BY LAW. YOU ACKNOWLEDGE BY YOUR USE OF THESE SITES THAT YOUR USE OF THESE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITES.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY LAW, GYMBOREE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THESE SITES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THESE SITES. TO THE FULLEST EXTENT PERMITTED BY LAW, GYMBOREE WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THESE SITES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF GYMBOREE’S SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THESE SITES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THESE SITES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THESE SITES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GYMBOREE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT GYMBOREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMBOREE’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID GYMBOREE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Gymboree harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your wrongful use of these Sites in violation of this Agreement or any claim by a third party that your Comments infringe the third party's rights.

Governing Law & Venue

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Francisco and/or the Northern District of California, subject to the agreement to arbitrate below.

Arbitration Agreement & Waiver of Certain Rights

You and Gymboree agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Gymboree hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Gymboree relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Gymboree will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Gymboree from seeking action by federal, state, or local government agencies. You and Gymboree also have the right to bring qualifying claims in small claims court. In addition, you and Gymboree retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Gymboree may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Gymboree’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with Gymboree

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR GYMBOREE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Termination

Gymboree may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to these Sites, if in Gymboree's you fail to comply with any term or provision of this Agreement.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.

The failure by Gymboree to enforce any right or provision of this Agreement will not prevent Gymboree from enforcing such right or provision in the future.

We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.