Terms and Conditions

Last Updated August 1, 2019

These Terms and Conditions are deemed to include other terms and policies referenced herein (such as our Privacy Policy) as well as any written agreements between the parties, including but not limited to the operative Sales Agreement between you and us.  In the event of any conflict or inconsistency between these Terms of Use and your Sales Agreement, the terms of your Sales Agreement shall govern and control.

  1. General

Thank you for visiting https://gerbercwwholesale.myshopify.com. The Gerber Childrenswear Wholesale website (the “Site") is owned and operated by Gerber Childrenswear LLC ("Company," "us," or "we"). Your use of and access to this Site is subject to these Terms and Conditions of Use ("Terms"), as may be modified at any time by us, and by all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. PLEASE READ THE TERMS CAREFULLY. If you do not want to be bound by these Terms, do not use the Site. For a copy of our Privacy Policy, please click here.

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").

  1. 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.

  1. 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 legal@gerberchildenswear.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.

  1. Our Trademarks

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.

  1. Linking

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.

  1. 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 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.

  1. 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.

  1.   Termination

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.

  1. 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.

  1. International Users

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.

  1. 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 1-800-642-4452, 24 HOURS A DAY, 7 DAYS A WEEK

  1. 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. We cannot guarantee that a product listed is available, as inventory can change significantly from day to day.

  1. 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.  

  1. Contact Us; Questions or Complaints

If you have any questions regarding the Terms, please submit them to legal@gerberchildrenswear.com.

  1. Miscellaneous

These Terms do not, and shall not be construed to, create any partnership, joint venture, franchise, agency, or employment relationship between you and the Company. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express written consent. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. If any provision of these Terms is found to be illegal, invalid, or unenforceable, the remainder of the Terms shall continue to be fully valid, binding, and enforceable. Our failure to exercise any rights herein, or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by the Company or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Website ©2019 Gerber Childrenswear LLC, unless otherwise noted. All rights reserved.