The Gymboree Program is provided by The Children’s Place, Inc.
These Terms and Conditions (“SMS Terms”) govern your participation in the Gymboree SMS program (the “Gymboree Program”).
You must be a legal resident of the United States, District of Columbia, or Puerto Rico and at least the age of majority in your jurisdiction of residence to participate in the Program. By electing to participate in the Gymboree Program you are agreeing to receive recurring marketing text messages via auto dialer from Gymboree with offers and information on new arrivals, promotions, events, and more sent to the mobile number that you provided at opt-in or from which you sent your opt-in text message. Consent is optional and is not a condition of purchase. Standard message & data rates may apply. In the event that you change or deactivate your mobile number it is your responsibility to opt-out of the Gymboree Program (as set forth below) or to notify us at 1-877-752-2387 to have your number removed. We or our service provider will not be liable for delayed or undelivered messages.
If you would like to be removed from the Gymboree Program and opt out of receiving marketing text messages from Gymboree, you can reach out to Customer Service to have your number removed or text STOP to 30310 to opt out. After texting STOP to 30310 you will receive one additional message confirming that your request has been processed, unless you later choose to opt back into the Program. Reply HELP to 30310 for help.
There is no additional charge for participating in the Program. However, Standard Message and Data rates may apply. Check with your carrier for the details of your plan.
U.S. and Puerto Rico residents: Mandatory Arbitration and Class Action Waiver PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
To the fullest extent permitted by applicable law, any and all controversies, disputes, demands, counts, claims, or causes of action (“claim”) (including but not limited to any claim relating to your participation in the Gymboree Program as well as the interpretation and scope of this clause, and the arbitrability of any claim) between you and The Children’s Place shall exclusively be settled through binding and confidential arbitration, except that you or The Children’s Place may take claims to small claims court if the dispute qualifies for hearing by such a court.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE CHILDREN’S PLACE EACH WAIVE THE RIGHT TO SUE IN COURT, INCLUDING THE RIGHT TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF.
The arbitration shall be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available at its website at http://jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards or by calling 1-800-352-5267.
You and The Children’s Place agree to abide by these rules: (a) THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION AND THE ARBITRATOR SHALL NOT AWARD CLASS-WIDE RELIEF; (b) The Children’s Place will pay its arbitration costs as required by JAMS Rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, The Children’s Place will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding any of the foregoing, nothing in these SMS Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
These Gymboree Mobile Terms and Conditions are subject to change at any time without notice.