Last updated November 7, 2019
Welcome to the Intermix Holdco, Inc. Web site, intermixonline.com (the "Site"). The Site is provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Site (the "Agreement").
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Online and store purchases have the same adjustment policy. INTERMIX offers a one-time price adjustment if a full-priced item is marked down within fourteen (14) days of the date of purchase. The customer must call or email within 14 days from the order date. There terms for price adjustments are as follows:
An item price can only be adjusted once, but a single order can contain several price-adjusted item;
Once an adjustment is made, the product becomes final sale and thus non-returnable;
The item must be in stock in the same color and size to receive an adjustment;
Associates are not eligible for price adjustments;
Price adjustments are not permitted on sale or Final Sale items;
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Intermix Holdco, Inc. INTERMIX and other trademarks appearing on the Site are the trademarks of Intermix Holdco, Inc.
The Site and the Content are intended solely for personal, non-commercial use. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content 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 exploit in any way any of the Content or the Site.
Unless otherwise specified, the Site and the Content are intended to promote INTEMIX's products and services available in the United States. The Site is controlled and operated by INTERMIX from its offices in New York, New York.
User Comments, Feedback, and Other Submissions
INTERMIX is pleased to hear from users and welcomes your comments regarding our products and services. INTERMIX's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by INTERMIX's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that INTERMIX may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to INTERMIX. INTERMIX is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. INTERMIX has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead INTERMIX or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. INTERMIX takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Sites
INTERMIX respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement process below.
Notice and Procedure for Making Claims of Copyright Infringement
INTERMIX respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide INTERMIX's Digital Millennium Copyright Act (“DMCA”) designated agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
INTERMIX's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:The Gap, Inc. Legal Department - Brand Services ATTN: DMCA Designated Agent 2 Folsom Street San Francisco, CA 94105 Phone: 415.427.5575 Email: email@example.com
Please note that this procedure is exclusively for notifying Gap Inc. and its subsidiaries that your copyrighted material has been infringed. Gap Inc.’s affiliated subsidiaries are as follows: Athleta LLC, Banana Republic LLC, Old Navy LLC, Intermix Holdco, Inc., The Gap, Inc., gapinc.com, Gap, GapKids, babyGap, GapBody, gap.com, Gap Factory, gapfactory.com, Banana Republic, bananarepublic.com, Banana Republic Factory, bananarepublicfactory.com, Old Navy, oldnavy.com, Old Navy Outlet, Athleta, athleta.com, Intermix, intermixonline.com, Weddington Way, weddingtonway.com.
Many products displayed on the Site are available in select INTERMIX stores in the United States. The prices displayed on the Site are quoted in U.S. Dollars, unless otherwise indicated.
Certain products are available exclusively online through the Site. These products may have limited quantities.
Colors & Style
We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of INTERMIX. INTERMIX has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site’s users.
You agree to defend, indemnify and hold INTERMIX harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution and Arbitration Agreement
Informal Dispute Resolution
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and INTERMIX agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
- to Gap Inc. at: Gap Inc. Legal Department, 2 Folsom Street, San Francisco, CA 94105, Attn: General Counsel, or
- to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and INTERMIX agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and INTERMIX 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 INTERMIX: Attn: General Counsel, 2 Folsom St., San Francisco, 94105. 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. Gap Inc. will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. Gap Inc. waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award Gap Inc. the reimbursement of its costs and arbitration fees against you and/or your counsel. 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. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
In lieu of arbitration, either you or INTERMIX 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. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
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 INTERMIX 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 INTERMIX 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.
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.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or INTERMIX. You may terminate this Agreement at any time. INTERMIX also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of INTERMIX's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.