To sign up for Banana Republic Factory mobile text alerts (the “Program”), either text SHOP to 28500, or sign up through the website.
Message and data rates may apply. By signing up for the Program through either method, you are consenting to receive ongoing recurring marketing text messages each calendar week that may be sent via an automatic telephone dialing system to the mobile number provided and which are from Banana Republic Factory. Your consent to the Program is not a condition of purchasing goods or services from Banana Republic Factory.
Text STOP 28500 to cancel and opt-out of the Program at any time. This is the exclusive method to opt-out from the Program. After texting STOP to 28500 you will receive one (1) additional text message confirming that your request has been processed.
Text HELP to 28500 for help. You will receive a reply text message with additional information about the Program, or contact the Program’s consumer help desk at http://www.vibes.com/help.
Upon your request to sign-up to the Program, you will receive two (2) text messages as part of the process confirming your desire to opt-into the Program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message). As part of the ongoing Program, you will receive periodic recurring text messages each week which may contain exclusive offers, product updates, promotional advertising or offers, or other similar content, as well as a periodic reminder of your right to opt-out of the Program.
Banana Republic Factory may also offer separate delivery notification alerts via text message, which are subject to these Terms where applicable, including but not limited to the Dispute Resolution provision below. Delivery notification alerts do not come from the same Program short code, but instead come from a separate ten digit phone number. Therefore, the delivery notification alerts are separate and distinct from the Program text messages, and texting STOP to opt out of the delivery notification alerts will not opt you out of the Program’s text messages and vice versa. Reply STOP at any time to the ten digit phone number from which you received the alerts to cancel them for a given order. Also, you will need to reopt-in to receive the alerts for each respective order on which you would like them.
Your sign up to the Program represents that you have given your accurate phone number and that you have authority to consent to receive text messages at that phone number. In the event that you change, deactivate, or relinquish your phone number it is your responsibility to opt-out from the Program prior to any such change, deactivation, or relinquishment. Your failure to unsubscribe your phone number from the Program for any of those reasons constitutes your material breach of these Program terms.
The carriers supported by this Program include AT&T, Sprint, Verizon Wireless, and T-Mobile, but Banana Republic Factory may add or remove any carriers from this Program with or without notice. Also, the Program may not be available on all carriers. Note, T-Mobile is not liable for delayed or undelivered messages.
DISPUTE RESOLUTION - ARBITRATION AND CLASS ACTION WAIVER Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your use of Banana Republic Factory will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and The Gap, Inc. hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE GAP, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND THE GAP, INC. AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and The Gap, Inc. are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The Gap, Inc., however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) 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.
Additional Contract Terms Limitation of Liability
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.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of California.
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.
Changes to Terms
These terms and conditions are subject to change at any time without notice.