These Terms of Use (“Terms”) govern your access to and use of the Athleta Gap website (the “Site”), including all content, features, products, and services available on or through the Site (collectively, the “Services”). By accessing or using the Site or Services, you (“you” or “User”) acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Terms of Purchase. If you do not agree to these Terms, you may not access or use the Site or Services.

1. Eligibility

To use the Site and Services, you must be at least 13 years old. If you are between 13 and 17 years old, you may use the Site only with the consent and supervision of a parent or legal guardian, who must agree to these Terms on your behalf. By using the Site, you represent and warrant that:

  • You meet the age requirement stated above.
  • You have the legal capacity to enter into a binding agreement (or your parent/legal guardian does, if applicable).
  • You will comply with all applicable laws, regulations, and these Terms.

2. Account Registration and Management

2.1 Account Creation

To access certain features of the Site (e.g., placing orders, saving shipping addresses, tracking order history), you may need to create an account. When creating an account, you must provide accurate, complete, and current information (including your name, email address, and password). You agree to:

  • Keep your account information up-to-date at all times.
  • Maintain the confidentiality of your account password and any other access credentials.
  • Be fully responsible for all activities that occur under your account, whether or not authorized by you.
  • Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.

2.2 Account Termination

We reserve the right to suspend or terminate your account at any time, without prior notice, if:

  • You violate any provision of these Terms.
  • We suspect fraudulent, illegal, or abusive activity associated with your account.
  • You fail to provide accurate or updated account information.
  • You request account termination (by contacting us at [email protected]).

Upon account termination, you will lose access to account-specific features, but any outstanding orders or obligations (e.g., payment for purchases) will remain in effect.

3. Use of the Site and Services

3.1 Permitted Uses

You may use the Site and Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Browsing the Site to view product information, pricing, and promotional content.
  • Creating an account (if eligible) to access account-specific features.
  • Placing orders for products in compliance with our Terms of Purchase.
  • Contacting our customer service team for support (e.g., via [email protected]).

3.2 Prohibited Uses

You agree not to use the Site or Services for any of the following:

  • Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, obscene, harassing, or infringing on the intellectual property rights of others.
  • Attempting to access, modify, or damage any part of the Site (including servers, databases, or software) through unauthorized means (e.g., hacking, phishing, malware).
  • Using automated tools (e.g., bots, scrapers) to collect, extract, or reproduce content from the Site without our prior written permission.
  • Selling, renting, licensing, or otherwise commercializing any content or features of the Site (unless explicitly authorized by us).
  • Impersonating any person or entity, or falsifying your affiliation with a person or entity.
  • Interfering with the normal operation of the Site (e.g., overloading servers, disrupting navigation).

4. Intellectual Property Rights

All content on the Site—including but not limited to product images, descriptions, logos, trademarks, text, graphics, and software (collectively, “Intellectual Property”)—is owned by or licensed to Athleta Gap. These Intellectual Property rights are protected by copyright, trademark, and other applicable laws worldwide.

You may not:

  • Copy, reproduce, distribute, modify, or create derivative works of any Intellectual Property without our prior written consent.
  • Use our trademarks (e.g., “Athleta Gap”) or logos in any way that is likely to cause confusion among users or imply an affiliation with or endorsement by us, unless authorized by us.

5. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors). These links are provided for your convenience only, and we do not control or endorse any third-party sites or services. We are not responsible for the content, privacy practices, or terms of use of any third-party sites. Your use of third-party sites is at your own risk, and you should review the terms and privacy policies of those sites before using them.

6. Site Availability and Modifications

6.1 Site Availability

We strive to make the Site and Services available 24/7, but we do not guarantee uninterrupted or error-free access. The Site may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control (e.g., internet outages, cyberattacks). We will use reasonable efforts to notify users of planned downtime (e.g., via a notice on the Site) and to restore access as quickly as possible. We are not liable for any damages or losses resulting from the unavailability of the Site or Services.

6.2 Modifications to Terms or Services

We reserve the right to modify these Terms or any aspect of the Site/Services at any time. When we make material changes, we will post the updated Terms on the Site and indicate the “Last Updated” date at the top. Your continued use of the Site or Services after the updated Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically for updates.

7. Disclaimers of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATHLETA GAP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE SITE (INCLUDING PRODUCT DESCRIPTIONS, PRICING, AND AVAILABILITY).

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATHLETA GAP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR USE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claims arising out of these Terms or your use of the Site/Services shall not exceed the total amount you have paid to us for products purchased through the Site in the 12 months preceding the claim.

Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Athleta Gap, its parent companies, subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  • Your use of the Site or Services.
  • Your violation of these Terms or any applicable laws.
  • Your breach of any representations or warranties made in these Terms.
  • Any content you upload, post, or transmit on the Site.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws principles.

10.2 Dispute Resolution

Before initiating any legal action, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site/Services by contacting our customer service team at [email protected]. We will work in good faith to resolve the issue within 30 days of receiving your inquiry.

If the dispute cannot be resolved through informal negotiation, any legal action shall be filed exclusively in the state or federal courts located in Los Angeles, California, United States of America. You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

11. Miscellaneous

11.1 Entire Agreement

These Terms, together with our Privacy Policy and Terms of Purchase, constitute the entire agreement between you and Athleta Gap regarding your use of the Site and Services, and supersede all prior or contemporaneous agreements, understandings, or communications (whether oral or written).

11.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

11.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. A waiver of any provision shall only be effective if in writing and signed by us.

11.4 Contact Us

If you have any questions, concerns, or feedback regarding these Terms or the Site/Services, please contact us at:

Email: [email protected]

Last Updated: 2025.09.17