The Program (Gap Good Rewards, Banana Republic Rewards, Athleta Rewards and Old Navy Navyist Rewards) terms and conditions

Effective As of July 20, 2021

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These program terms and conditions ("program terms and conditions") include a class action waiver and require binding arbitration on an individual basis to resolve disputes. details are set forth below. By participating in the program you agree to accept these program terms and conditions and acknowledge that you have read, understand, and consent to the privacy policy and terms of use, which are incorporated into, and made a part of this contract. The privacy policy describes how we collect, use, and share information. In the event there is any conflict among these program terms and conditions, the privacy policy and the terms of use, these program terms and conditions will govern. Gap Inc. reserves the right to update or modify these program terms and conditions at any time without prior notice. Those changes will go into effect on the last updated date shown in the revised program terms and conditions. For this reason, we encourage you to review the program terms and conditions whenever you visit our website.

The Gap Inc. loyalty program (“Program”) consists of 4 branded expressions: Gap Good Rewards, Old Navy Navyist Rewards, Banana Republic Rewards, and Athleta Rewards and is offered exclusively by The Gap Inc, and its subsidiaries and affiliates (also referred to as “Gap Inc,” "we," "our," or "us"). Members (also referred to as "you," "your," and include "Cardmembers") participating in the Program agree to be bound by these Program Terms and Conditions ("Program Rules"), the Terms of Use, and the Privacy Policy, (both of which are incorporated herein by reference) as those terms may change from time to time.

These Program Rules supersede all previous terms and conditions applicable to the Program. All Program benefits, offers, rewards, and services are subject to availability. Gap Inc. may at any time amend, modify, supplement, or terminate the Program, these Program Terms and Conditions, the structure for earning rewards, or reward levels even though such changes may affect the value of rewards, or the ability to obtain certain rewards. If the Program is terminated, all unredeemed benefits will be forfeited without any obligation or liability and will not be honored upon termination or after the conclusion of the notice period, if any notice is required by law. Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other circumstances beyond our reasonable control.

We reserve the right to cancel or suspend your participation in the Program or any Rewards earned and not yet used in the event of fraud, abuse of rewards privileges, violation of these Program Terms or Conditions, or at our discretion. The Program is limited to the United States, including Puerto Rico, only.

Members are responsible for any tax liability related to participation in the Program.

Privacy

Personal information that you provide in connection with the Program will be handled in accordance with our Privacy Policy. When you enroll in the Program and provide us your email address, you are opting-in to receive marketing emails from us. You may change your marketing email preferences at any time by clicking on the link found at the bottom of our marketing emails. You will, however, continue to receive transactional messages from us regarding the Program.

Additionally, unless you use your Gap Inc. credit card for purchases, your mobile phone number is your unique membership identifier and must be provided at checkout for all in store transactions in order to earn points on eligible purchases. For online transactions, you must provide your email address and must be signed into your online account to earn points on eligible purchases. Because we use your mobile number and email address to identify you as a member and to notify you of Program benefits, you must ensure that both are accurate and current.

If you would like to know more about how we collect and use your personal information to support the Program and for additional information on the value of your data (including data about your credit card account) please see our Privacy Policy.

Membership

General Program Membership:

Corporations, groups, and associations are not eligible to participate in the Program.

Membership in the Program is available to any U.S. resident, including residents of Puerto Rico, who is at least 16 years old and signs up by providing applicable information at our Gap, GapKids, babyGap, GapBody, Old Navy, Banana Republic, Athleta, Gap Factory and Banana Republic Factory store locations or online at Gap.com, oldnavy.com, bananarepublic.com, athleta.com, gapfactory.com, or bananarepublicfactory.com in the United States, including Puerto Rico, (collectively referenced as our “Family of Brands” or “Gap Inc. locations”). Membership is free and optional. No purchase required to sign up. Employees, officers, directors, agents and representatives of Gap Inc. are eligible to join. We may decline membership in the Program to any enrollee at our discretion and without written notice.

The Program benefits and rewards are nontransferable. Upon the death of a member, the member’s account will be closed and any benefits or points in the account will be forfeited.

Participation in the Gap Inc. credit card program is not required for a general membership. Once enrolled in the Program as a general member, you will enter at the CORE member status level and are entitled to the rewards and benefits of membership as set out in these Program Rules and/or in the promotional materials. See below for more details on unlocking status levels.

Credit Card Membership:

Participation in the Program as a Gap Inc. Credit Cardmember requires you to apply and be approved for a Gap, Banana Republic, Old Navy or Athleta credit card. For convenience, we will refer to all these credit cards as the Gap Inc. credit card. When applying for a Gap Inc. credit card, a phone number is required.

When you apply for a Gap Inc. credit card, you will be automatically enrolled into the Program. If you are approved for a credit card, you will enter the Program at the Enthusiast status level. If you are already a member in the Program, you will retain any status level you have attained that is higher than Enthusiast status. Gap Inc. Cardmembers receive the rewards and benefits of general membership as well as special benefits associated with the Gap Inc. credit card account as set out in these Program Rules and/or in promotional materials. If you apply for a Gap Inc. credit card and are not approved for a Gap Inc. credit card, you will be enrolled into the Program as a Core member if you have not previously enrolled in the Program.

Gap Inc. Credit Cardmembers will forfeit access to all special benefits associated with their Gap Inc. credit account if they fail to pay two or more consecutive monthly payments due on the Gap Inc. credit card account.

Membership Status Levels:

Upon reaching certain milestones, members will unlock higher membership status levels with additional benefits based on the total Qualifying Purchases (defined as merchandise purchased at our Family of Brands for personal use. Excludes purchases for resale, or amounts for sales tax, state fees, gift packaging fees, shipping & handling or delivery charges, optional charitable donations, and any amount paid for using a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit. You will not earn points for the amount of any coupon or discounts, or the value of any Rewards applied to your purchase).

  1. Core: no minimum Qualifying Purchases
  2. Enthusiast: minimum Qualifying Purchases of $500 to $999 at our Family of Brands for general non-credit cardmembers. You will automatically be enrolled as an Enthusiast cardmember when you are approved for a Gap Inc. credit card.
  3. Icon: minimum Qualifying Purchases of $1000 at our Family of Brands, or for Gap Inc. Credit Cardmembers who have achieved 5000 base points during a calendar year, make at least the minimum payment due on the Gap Inc. credit card account by the due date after reaching 5000 base points and keep their Gap Inc. credit account in good standing and not become delinquent. Upgrades will be processed within 60 days after qualifying.

Qualifying Purchases amount identified above must be maintained between January 1 and December 31 of any given year. At the beginning of each calendar year, the Qualifying Purchases amount will be reset to zero. Members will enter the next year at the previous year-end status level and retain that as the minimum level through the end of the new year even though the Qualifying Purchases amount was reset. As new milestones are attained, members will unlock higher status levels. If, during a calendar year, you do not reach the minimum Qualifying Purchases amount associated with the status at which you entered the new calendar year, at the end of that calendar year, the status level will revert to the status appropriate for the actual Qualifying Purchases amount attained.

If you are a Luxe4Life member, you will retain your Luxe4Life membership at the Icon status unless you close your Gap Inc. credit card account. If you are a Visa Signature credit cardmember, you will be at Icon status unless and until you no longer meet the requirements to qualify for Visa Signature.

Benefits of Membership

Communications regarding the Program, your Program account, benefits, and promotions will be sent via email so please ensure we have the most recent and accurate email address to receive your benefits. We are not responsible for communications, offers, or rewards sent to out-of-date email addresses.

Earn Points

To earn points at our Family of Brands, members must provide a phone number for in-store purchases or an email address for online purchases, or make a purchase using your Gap Inc. credit card. If you are signed into your online account but use a Gap Inc. credit card that is not linked to your online account at the time of checkout, you will earn points based on the Program account associated with the Gap Inc. credit card you used to pay for the transaction. If you have more than one Gap Inc. credit card and you use the same phone number and email address for your credit card accounts and Program membership, all points earned will accumulate in one single membership account.

If you make a purchase using Afterpay or PayPal, you will be eligible to earn points at 1 point per $1 of Qualifying Purchases even if you use your Gap Inc. credit card in the PayPal or Afterpay platforms.

In addition, any transaction amount paid with earned rewards, a purchase order, gift card, merchandise credit, mail certificate, gift certificate, credit voucher, refund check, or any other type of store credit, will not earn any points. Other exclusions may apply during special promotions.

You will not earn rewards points for the amount of any coupons or discounts on a transaction, on purchases made through any third-party platforms (such as Instagram or EBay), or the value of any points or rewards applied to your purchase.

You may see rewards points you receive advertised as “% back in Rewards.” For every increment of 100 points you will receive $1 dollar in rewards (or discounts) to be applied to a future purchase. For example:

  1. 100 points = $1 in rewards or discount;
  2. 1000 points = $10 in rewards or discount;
  3. 1100 points = $11 in rewards or discount;
  4. Etc.

There is no limit as to the number of points you can earn. You may only redeem up to $250 in rewards per transaction. Points are initially earned in a pending status, and after approximately 14 days become eligible to apply towards a purchase. Points received for items that are returned will be deducted from your points balance at the time of the return. If any deduction puts your account into a negative points balance, you will not be eligible to use your rewards to receive a discount until you earn a positive balance of 100 points.

Expiration:

All points will expire if a Program account has no purchase activity for 12 consecutive months.



Redeeming Rewards

Rewards can be redeemed at our Family of Brands for the purchase of merchandise. Not valid with subscription services such as Banana Republic Style Passport, or in the Gap Inc. Clearance Center. Rewards cannot be used for the purchase of gift cards, for taxes or state fees, packaging fees, shipping & handling or delivery charges, charitable donations, and gift wrap charges. Rewards must be presented at time of purchase in store, or if you are shopping online, you must be signed into your online account in order to apply rewards to a purchase transaction online. The value of your reward will be prorated across items purchased and reflected on your receipt. If you return merchandise purchased with rewards, and to the extent we can identify the value of the reward points used in the original purchase, then the dollar value of the rewards allocated to the item(s) returned will be converted to points and credited to your membership account.

Rewards may not be used as payment on a Gap Inc. credit card account.

Rewards Certificates and Points Accrued Prior to July 2021

If you have points that were converted to Rewards Certificates prior to July 2021, you may continue to use those Rewards Certificates subject to the limitations of those Rewards Certificates (e.g., expiration dates). If you have accrued points prior to July 2021 that have not been converted to Rewards Certificates, you will be able to apply the rewards points at your option when making a purchase. No additional Rewards Certificates will be issued.

Important Note:

Points have no cash value and cannot be exchanged for cash or credit. You have no ownership interest in points, and these points collected do not constitute property. The use of the word "earn" or similar language in marketing materials and these Program Rules in relation to the Program does not imply that the points have any value prior to conversion or redemption. Points may not be purchased or sold and are not transferable.

Unlocking Program Membership Status and Benefits

Members are eligible for certain Program benefits based on membership status. Any benefits with time limit will be forfeited if unused within the time limit.

Core Enthusiast Icon
< $500 Qualifying Purchases

$500 - $999 Qualifying Purchases

Or new cardmembers

$1,000+ Qualifying Purchases or 5,000 base points
Free to Join

No annual fee for Members

Cardmembers status starts as Enthusiast. No annual fee and zero fraud liability for cardmembers

No annual fee for Members

No annual fee and zero fraud liability for cardmembers

1 base point for every $1 of Qualifying Purchase at our Family of Brands

125 bonus points in every quarter that you make a purchase

Bonus Points yearly when you shop 2 or more of our family of brands

2 brands = 500 pts // 3 brands = 1,000 pts // 4 brands = 2,000 pts

3-5 day free shipping, $50 minimum purchase

Members only exclusive offers

Birthday gift

Ability to donate your points to select charities

Access to exclusive Athleta community including digital and live events, expert resources, and fitness classes

Convert your unused BRFS StyleCash, GapCash or Old Navy Super Cash to rewards points

GENERAL MEMBERS: 1 base point for every $1 of Qualifying Purchase at our Family of Brands

CARDMEMBERS: 5 base points for every $1 of Qualifying Purchase at our Family of Brands when you use your Gap Inc. credit card

Gap Inc. Visa cardmembers earn 1 base point for every $1 spent outside our Family of Brands

250 bonus points in every quarter that you make a purchase

Bonus Points yearly when you shop 2 or more of our Family of Brands during the year:
2 brands = 500 bonus points
3 brands = 1,000 bonus points
4 brands = 2,000 bonus points

3-5 day free shipping, $50 minimum purchase

Members only exclusive offers

Birthday gift

Early access to special events/select sales

Ability to donate your points to select charities

Access to exclusive Athleta community classes and experiences

2-month free trial subscription for new members at obé Fitness, a live and on-demand fitness platform

Convert your unused BRFS StyleCash, GapCash or Old Navy Super Cash to rewards points

GENERAL MEMBERS: 1 base point for every $1 of Qualifying Purchase at our Family of Brands

CARDMEMBERS: 5 base points for every $1 of Qualifying Purchase at our Family of Brands when you use your Gap Inc. credit card

Gap Inc. Visa cardmembers earn 1 base point for every $1 spent outside our Family of Brands

Gap Inc. Visa Signature cardmembers earn 2 base points for every $1 spent outside our Family of Brands

500 bonus points in every quarter that you make a purchase

Bonus Points yearly when you shop 2 or more of our Family of Brands during the year:
2 brands = 500 bonus points
3 brands = 1,000 bonus points
4 brands = 2,000 bonus points

Double redemption day during the year

3-5 day free shipping, $50 minimum purchase

Members only exclusive offers

Birthday gift

Early access to special events/select sales

Create your own sale day (15% off) at our Family of Brands at your choosing once a year

BR: Free basic alterations on Banana Republic merchandise

Ability to donate your points to select charities

Access to exclusive Athleta community classes and experiences

3-month free trial subscription for new members at obé Fitness, a live and on-demand fitness platform

Convert your unused BRFS StyleCash, GapCash or Old Navy Super Cash to rewards points

Program membership must be active and in good standing for members to be eligible for any program benefit. Additional terms and conditions may apply to program benefits and will be specified in offers. Offers subject to change.

Annual Bonus:

You may earn bonus points annually when you shop 2 or more of our family of brands: 2 brands = 500 pts; 3 brands = 1,000 pts; 4 brands = 2,000 pts. Qualifying purchases must be made between 12:00 am PT on 1/1/21 at 12:00 am PT and 11:59 pm on 12/31/21 either in-store or online at: Gap (including Gap Factory ); Banana Republic (including Banana Republic Factory ); Old Navy; and Athleta. Not valid for purchases made at our Clearance Centers or for multiple purchases made at a single brand. Valid in the U.S. only (including Puerto Rico). Limit 1 annual bonus per eligible program membership.


Birthday Gift:

As a member, you will be eligible to receive a birthday gift once a year. The birthday gift may be additional bonus points or items we’ve selected at our discretion.


Double Redemption Day for Icon Members:

Once a year, eligible Icon members will be offered the opportunity to double the impact of their rewards redemption. Date determined in Gap’s discretion.


Create your own sale day:

Eligible program members can choose their own sale day (15% off) once per year. May be used at each of our Family of Brands on the sale day, either online or in-store. Subject to additional terms and conditions, which will be included in the offer.


Convert your unused BRFS StyleCash, GapCash or Old Navy Super Cash to Rewards Points:

You may convert unused BRFS StyleCash, GapCash, or Old Navy Super Cash (a Cash Coupon) to Rewards points. Each dollar of the Cash Coupon value converts to 1 Reward Point. For example, a $100 GapCash Coupon converts to 100 Reward Points. You must convert unused Cash Coupon(s) to points within 30 days of the last day to redeem your Cash Coupon.


Donation of points:

You may choose to donate your points to select organizations chosen by Gap Inc. We commit to a donation amount of up to $10 Million in equivalent rewards points annually. Donations will not be allowed over $10 million in any year but we will reopen the donation window in the following year.


Free Basic Alternations at Banana Republic:

Available on merchandise purchased at Banana Republic stores and bananarepublic.com. Not valid on previous purchases. Not valid on leather and suede merchandise. Merchandise cannot be returned or exchanged after being altered.


Early Access:

You may receive early access to special events from time to time, including for example, select sale events like Friends & Family.


Free 3-5 Day Shipping for Core and Enthusiast Members, exclusions apply:

You must be signed into your online account to enjoy this benefit as free shipping will be based on verification of your membership status. Valid for online orders totaling at least $50 after discount and before tax placed at gap.com, bananarepublic.com, oldnavy.com, athleta.com, gapfactory.com, and bananarepublicfactory.com. Valid on shipping anywhere in the U.S. (including Puerto Rico). If you choose another shipping option additional charges may apply. Orders must be shipped to a single address. Select the 3-5 day shipping option. We will endeavor to deliver your shipment within the 3-5 business day window; however, some products may not be available for shipment in that window, and during peak periods, such as during the holidays, shipment may fall outside the 3-5 day window.


Free 2-3 Day Shipping for Icon Members, exclusions apply:

You must be signed into your online account to enjoy this benefit as free shipping will be based on verification of your membership status. Valid for online orders totaling at least $50 after discounts and before tax placed at gap.com, bananarepublic.com, oldnavy.com, athleta.com, gapfactory.com, and bananarepublicfactory.com. Valid on shipping anywhere in the U.S. (including Puerto Rico). Orders must be shipped to a single address. Select the 2-3 day shipping option. We will endeavor to deliver your shipment within the 2 – 3 business day window; however, some products may not be available for shipment in that window, and during peak periods, such as during the holidays, shipment may fall outside the 2 – 3 day window.


obé Trial:

Enthusiast and Icon program members who are new to or not current obé users and have made a purchase either online at athleta.com or at an Athleta store in the U.S. only within the previous twelve months will get: 2-month free obé trial (Enthusiast members); 3-month free obé trial (Icon members). Must use email link emailed by Athleta and sign up for obé monthly subscription at obefitness.com to redeem obé offer. obé code must be applied at time of obé sign-up and applies to first month(s) only. Limit one code per eligible program membership. Offer is non-transferable. Subject to terms and conditions from obé. For obé cancellation requests, visit https://obefitness.com/faq or contact vip@obefitness.com with questions about your membership. Cannot be combined with other Athleta or obé offers, promotions, or discounts. Athleta is not responsible for any third party offers, products, or services or for lost or stolen codes. Offer subject to change.


Quarterly Bonus:

Eligible program members earn the following bonus each quarter they make a qualifying purchase in-store or online at Gap, Gap Factory, Old Navy, Banana Republic, Banana Republic Factory, Athleta, or Old Navy: Core = 125 pts; Enthusiast: 250 pts; Icon: 500 pts. Limit one quarterly bonus per eligible program membership. For purposes of this offer, quarters begin at 12:00 am PT on 1/1/21, 4/1/21, 7/1/21, and 10/1/21. Valid in U.S. only (including Puerto Rico). Not valid in our Clearance Centers. To receive bonus, program membership must be identified with purchase.

Additional Terms of Participation

Limits:

Limit 1 Program Membership per person, email address and phone number. If there is a dispute regarding ownership of the email address or phone number used to enroll in the Program, the owner will be deemed to be the natural person who is assigned to the submitted email address or phone number by a phone company, an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning phone numbers or email addresses for the domain associated with the submitted email address. Member is responsible for providing correct email address and phone number, as well as updating email address and phone number used in the Program should either change.

If you determine that you have 2 separate Program accounts under different email addresses and/or phone numbers, you may contact Customer Service at 1-833-244-5556 and request that your Program accounts be combined into one Program account.

The Program sends transactional emails related to your membership in the Program including but not limited to the following: welcome email; recurring membership status statements and/or updates; issuance of rewards points earned; reminder of upcoming expiration of earned points; etc. To stop receiving these transactional emails, you must cancel your Program membership. These transactional emails will be in addition to any marketing emails (such as those from Gap brand, Old Navy, Banana Republic or Athleta) for which you may have subscribed to receive.

By enrolling in the Program, you will also be signed up to receive marketing emails from the brand in which you initiated enrollment into the Program. To stop receiving marketing emails, click on the self-service unsubscribe link found in the footer of any marketing email, or follow the instructions in the Privacy Policy. This process needs to be completed for each brand’s marketing emails from which you wish to unsubscribe.

Cancellation of Membership

Members must maintain an active Program membership to earn and redeem points. You may opt out of the Program at any time. If you opt out of the Program, you will no longer earn points or be able to redeem points and you will forfeit your unused and unexpired points. Deletion of points is final and they cannot be recovered, so please consider this choice carefully. If you are a Gap Inc. Cardholder and cancel your membership, your credit account will remain open but you will no longer receive any rewards for your credit card account. To cancel a Program membership, please call Customer Service at 1-833-244-5556. Please note that the hours of operation are: Monday – Friday from 9am – 9pm ET and Saturday from 10am – 8pm ET.

Unless you have cancelled, closed or deleted your Program membership, you will earn points when using your Gap Inc. credit card to make purchases if your Gap Inc. credit card account is 1) open, 2) in good standing, and 3) not more than 2 payments past due both at the time you earn or redeem points. If you close, cancel or request deletion of your Program membership and still use your Gap Inc. credit card, you will not earn points or enjoy any of the benefits of the Program on any purchases you make with the Gap Inc. credit card.

Expiration of Points

If there is no earning or redeeming of points in your membership account at least once every 12 months (from your last Qualifying Purchase), all earned and unredeemed points will expire and be forfeited, and we may close your membership account.

If you return merchandise purchased with rewards, the dollar value of the rewards allocated to the item(s) returned will be converted to points and credited to your Membership account to the extent we can identify that rewards points were used in the original purchase. If your points balance is insufficient to cover a deduction related to a return, your points balance may go into the negative. Subsequent points earned will first be applied to reduce that negative balance. Gap Inc. may suspend membership accounts with a negative balance. If your account is suspended, you may seek re-instatement from Customer Service. Returns of gifts you received but which you were not the original purchaser or return of items purchased without noting your Program membership will not be tied back to your account for return credit of any associated points. In a return transaction where reward points were used to reduce the total amount paid, you are entitled to a refund for only amounts actually paid.

Severability

If any provision of these Program Rules or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Program Rules and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

No Waiver

Gap Inc.’s failure to insist upon or enforce strict compliance with any provision of these Program Rules shall not be construed as a waiver of any provision or right and will not prevent us from enforcing such right or provision in the future. Nothing in these Program Rules will limit Gap Inc. from exercising any legal rights or remedies that it may have.

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors occasionally occur. We reserve the right to correct such errors at any time even if it affects pending benefits, rewards, or points in your account. In the event of any inconsistency or discrepancy between the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

Limitations of Liability and Damages

Except as otherwise expressly provided, the program and all products and services are provided on an "As is" basis. Gap inc., its affiliates, vendors, partners and service providers including synchrony bank disclaim all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose and those arising out of a course of dealing or usage of trade. This program is not warranted to be available uninterrupted or error free.

Release of Liability:

By agreeing to participate in the program you release gap inc., synchrony bank and each such company’s respective subsidiaries, divisions, and affiliate entities, along with each such company’s respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorneys’ fees) relating to your membership or card account or participation in the program or these terms and conditions.

You agree to indemnify, defend and hold harmless gap inc., its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting or arising out of your breach of any of these gap inc. Program terms and conditions.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (a) the amount paid by you for your participation in the Program during the prior 12 months or (b) $10. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

We may assign our rights and obligations under these Program Rules, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

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 Gap Inc. 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, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute must 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 must be sent:

Both you and Gap Inc. 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.

Arbitration Agreement

To the extent the party asserting the dispute cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and Gap Inc. 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 Gap Inc. 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 the Gap Inc.: Attn: General Counsel, The Gap, Inc., 2 Folsom St., San Francisco, 94105. You agree that the arbitration will 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. Gap Inc. waives its right to seek attorneys’ fees and costs in arbitration. 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.

In lieu of arbitration, either you or Gap Inc. 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.

Waiver of Right to Bring Class Actions and Representative Claims

All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief awarded by the arbitrator must be individualized to you to not affect any other customer. You and Gap Inc. agree that each may bring claims against the other in arbitration only in your or Gap Inc.’s respective individual capacities and in so doing you and Gap Inc. 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 it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.

Other Terms

This Arbitration Agreement is governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions will survive after this Agreement terminates or your use of the Program 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.

These Program Rules and Arbitration Agreement are governed by the laws of the State of California, without regard to any conflict of law provisions.

Termination

With the exception of the Arbitration Agreement, which will survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Gap Inc. You may terminate this Agreement at any time by cancelling your Membership. Gap Inc. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Program, if in Gap Inc.’s 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 will survive the termination of this Agreement for all purposes.

Customer Service

For questions or assistance, just give us a call at 1-833-244-5556.

Effective as of July 20, 2021.