TERMS OF USE – CARHARTT

You are reading these Terms of Use (“Terms of Use”) because you are using a Carhartt website, such as www.carhartt.com, mobile app, wearable technology, or one of our other products or services, all of which are part of Carhartt’s platforms (“Website”). You may access the Website through a computer, mobile phone, tablet, console or other technology (“Device”). Your carrier’s normal rates and fees apply to your Device. These Terms of Use apply to your access to and use of the Carhartt Website and any content, data, materials, or information (the “Content”) contained on or available through the Website.

This Website is offered to you by Carhartt and its affiliates (which we may refer to as “Carhartt,” “we,” “us,” or “our”). Additional terms and conditions may apply to certain Content we may provide; to certain content, data, materials, or information you may upload, submit and/or publish to the Website (“User Content”); to certain promotions and services offered through the Website; or to transactions concluded through this Website. Unless otherwise specified, such additional terms and conditions apply in addition to these Terms of Use, and supersede these Terms of Use only where expressly specified.

Please note that in those jurisdictions where our Groundbreakers Loyalty Program applies, the Groundbreakers Loyalty Terms & Conditions of Participation apply in addition to these Terms of Use.

Please read these Terms of Use carefully before using the Website, because they affect your legal rights and obligations (e.g., requiring arbitration, prohibiting class relief, and limiting our liability).

By accessing or using this Website, you agree to be legally bound by these Terms of Use and all terms contained or referenced herein or any additional terms set forth on any portion of the Website. If you do not agree to all of these terms, you should not access or use this Website.

These Terms of Use may be amended by Carhartt at any time. Such amended Terms of Use shall be effective upon posting on the Website. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amended Terms of Use. You are advised to regularly review the current Terms of Use. Other Carhartt websites may have their own terms and conditions which apply to such websites.

Carhartt reserves the right to modify, discontinue or make updates, in whole or in part, to the Website or the Content of the Website at any time without notice. Carhartt reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

Personal information collected or used in connection with this Website will be used in accordance with the Carhartt’s Privacy Policy and these Terms of Use.

You acknowledge and agree that the Website and Content made available on the Website are protected by trademarks, service marks, trade names, trade dress, copyrights, patents, trade secrets or other proprietary rights and laws. Carhartt (and its licensors) own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto, and you acknowledge and agree to Carhartt’s ownership thereof. Unless and only to the extent expressly authorized by Carhartt in written non-electronic form, you may not sell, license, rent, download, modify, distribute, copy, reproduce, transmit, display, publicly perform, publish, adapt, edit or create derivative works of, or otherwise use for commercial purposes the Website and/or any Content. Systematic retrieval of Content from the Website by you to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without Carhartt’s express prior written permission in non-electronic form.

Attempting to access or use the Website and Content for any purpose not expressly permitted in the Terms of Use is prohibited.

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE, CONTENT AND USER CONTENT ARE PROVIDED BY CARHARTT WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CARHARTT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF CARHARTT (COLLECTIVELY WITH CARHARTT, THE “CARHARTT GROUP”), AND ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE WEBSITE, CONTENT OR USER CONTENT WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE WEBSITE, CONTENT OR USER CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.

The Carhartt Group and its or their respective contractors, employees, shareholders, members, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Carhartt are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Carhartt offers you the opportunity to register with the Website to create a Carhartt account. Accessing certain areas of the Website and using certain functions or features of the Website may require you to register. Either way, registration is free of charge.

When you register, you must complete the registration process online by providing Carhartt with current, complete and accurate information. By way of illustration and not limitation: You may be required to provide your name, username, password, legitimate e-mail address, security question answer, and certain additional information (such as, for example, preferred contact method). You will have the opportunity to add additional information to the profile associated with your Carhartt account, including (but not limited to) items of interest, address and phone contact information, and payment information; please note that some of this information may be required in order for Carhartt to provide certain services to you. You may also use the Website to interact with us on social media websites (such as, for example, on Twitter, Facebook, FourSquare, Instagram, or LinkedIn). You agree to maintain and update your registration data to ensure that it is always current, complete and accurate. Carhartt may refuse to accept any application to register an account on the Carhartt Website for any reason, in its sole discretion.

Please note you are solely responsible for maintaining the confidentiality of your access credentials and other account information relating to your Carhartt Website account, and will be solely liable for any and all activities under your account. You agree to notify Carhartt immediately of any unauthorized use of your account or any other breach of security. Only one user and one email address may be associated with each Carhartt account. In the event of a dispute over the identity of a registered user, the user will be deemed to be the authorized account holder of the e-mail address submitted at the time of registration. For purposes of these Terms of Use, the "authorized account holder" is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

We also explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this Section 7 (“Registration”).

Carhartt has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason, and to take any additional action we deem in our sole discretion to be appropriate in relation thereto. Without limitation, you agree not to:

a. use any incomplete, false or inaccurate information for purposes of registering as a user of the Website, or for purposes of registering for any Content, services, or promotions offered through the Website; or create accounts on the Website by any automated means or under false or misleading pretenses;

b. take any action that imposes an unreasonable or disproportionately large load on the Website’s computing, storage, communications or other infrastructure;

c. use any Device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Site;

d. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website to harvest or otherwise collect Content or other information from the Website;

e. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary Content (including page layout, or form) contained on the Website;

f. use any meta tags or any other “hidden text” utilizing Carhartt’s name or trademarks;

g. allow any other person or entity to use your username or password;

h. use or attempt to use the Website to send, promote or engage in unauthorized or unsolicited emailing, including junk or bulk advertising (“spamming”), chain letters or any form of lottery or gambling;

i. expose the Website to software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Carhartt or any third party;

j. post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any laws;

k. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or

l. violate any law, contract, or intellectual property right, or commit a tort.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation by:

(i) accessing or attempting to access data, systems, or networks not intended for you or logging into a server, account, service, or Content that you are not authorized to access;

(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(iii) attempting to interfere with the Website’s operation or its service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming”, “mailbombing” or “crashing” the Site; forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

In regards to any occurrence or activity which we believe violates these Terms of Use, we may investigate and fully cooperate with any law enforcement authorities, court orders, or legal process, including any such authorities, orders, or process which may request or direct Carhartt to disclose the identity of any person. Violations of these Terms of Use may result in civil or criminal liability.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CARHARTT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CARHARTT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER CARHARTT OR LAW ENFORCEMENT AUTHORITIES.

By submitting any User Content to Carhartt’s Website or any portion thereof, you agree to not use the Website for any purpose that is unlawful, commercial in nature (for example, reselling Carhartt products, advertising or promoting any product, service, pyramid schemes, raising money for anyone or any entity or other ventures) or prohibited by the Terms of Use or any other terms, or any other purpose not reasonably intended by Carhartt. You agree to abide by all applicable local, state, national and international laws, regulations and rules.

Carhartt has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof) at any time for any reason, including for any User Content that, in our sole discretion, we deem in violation of these Terms of Use or otherwise illegal or inappropriate. Without limiting the foregoing, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) in a manner that violates Section 8 (“Use Restrictions”) of these Terms of Use, nor upload, post, submit or otherwise distribute or facilitate distribution of any User Content that:

a. is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane or which otherwise violates these Terms of Use or any other terms;

b. infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;

c. reveals any personal information about another individual, including another person's name, address, phone number, e-mail address, credit card information or any other information that could be used to track, contact or impersonate that person;

d. disguises the source of User Content posted by you; or

e. impersonates any person or entity, including any employee or representative of the Carhartt Group.

Carhartt has no obligation to monitor the Website or any User’s use thereof. However, Carhartt reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).

Carhartt has no obligation to pre-screen, authenticate, validate, monitor, moderate or edit any User Content. However, Carhartt and its agents have the right, at their sole discretion, to remove at any time any User Content that, in Carhartt’s sole judgment, does not comply with the Terms of Use or any other terms or otherwise appears harmful, objectionable or inaccurate. Carhartt is not responsible for any failure or delay in removing any such content.

This Website is public. You shall not post any confidential content or other proprietary information that it desires to or is under obligation to keep secret. You should have no expectation of confidentiality with respect to any User Content you may submit on this Website. Do not submit confidential information to the Website.

You agree that the Carhartt Group shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, any material or data sent or received or not sent or received through the Website. You agree that the Carhartt Group shall not be responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE CARHARTT GROUP OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE WEBSITE, CONTENT OR USER CONTENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR ANY OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, CONTENT OR USER CONTENT, EVEN IF CARHARTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Carhartt is in no way responsible for the content of any site owned by a third party that may be linked to the Website, whether or not such link is provided by the Website or by a third party in accordance with the Terms of Use. These other websites are not under Carhartt’s control, and you acknowledges and agree that Carhartt is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the website by Carhartt or any association with its operators. Additional or different terms and conditions may apply when you are accessing and using such other websites.

By uploading, posting, submitting or otherwise distributing User Content of any kind to the Website, you hereby:

• grant and agree to grant to the Carhartt Group and its or their licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free right and license (with right to sublicense) to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Website and any of Carhartt’s products or services featured or displayed therein (including without limitation, being exported under content sharing arrangements with other websites);
• represents and warrants that all User Content includes appropriate attribution to the copyright owner;
• represents and warrants to Carhartt that you own or otherwise control all rights to such User Content and that public disclosure and use of the User Content by Carhartt will not infringe or violate the rights of any third party; and
• acknowledge and agree that the User Content is intended to and will be made available to, and used by Carhartt and other users.

IMPORTANT:

You agree that you will not contribute any User Content unless you have all of the rights (including rights from the copyright owner) necessary to grant Carhartt the use license, and to satisfy all of the warranty requirements, described above.

Notwithstanding the foregoing, the Website may provide you with the ability to remove some or all of the User Content posted to the Website by you. Following any such removal, Carhartt will use commercially reasonable efforts to discontinue any further display, performance and distribution of such User Content by Carhartt at the Website; provided , however, you acknowledge and agree that Carhartt may continue using such User Content in the same manner and for the same purposes as it did prior to removal of such content (such as, for example, content used in any advertising created prior to removal) and that Carhartt shall have no responsibility or liability in respect of any content that has been exported by Carhartt or shared with other users via the Website or that has been downloaded or copied by users to other websites, systems and devices.

If you know or suspect that any of the materials on this Website have been used or copied in a way that constitutes copyright infringement, please send notice to Carhartt’s designated agent identified below. Pursuant to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must include the following:

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

[NAME, ENTITY AND ADDRESS]

The preceding information is provided exclusively for notifying Carhartt that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

You agree to (a) defend the Carhartt Group and its or their respective employees, contractors, officers, directors, members, partners and representatives against any action or suit by a third party that arises out of the posting, content or transmission of any message, data, material or any other User Content you submit on the Website or any violation of these Terms of Use by you, and (b) indemnify Carhartt for any settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. Carhartt, as applicable, reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Carhartt in asserting any available defenses.

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website and/or any software, facilities, and services on the Website, with or without notice and/or to establish general guidelines and limitations on their use. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Website.

We do our best to describe every product or service offered on the Website as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Website is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Carhartt shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your same account in the amount of the charge. Additional terms may apply. The Website may contain references to specific Carhartt products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact us at customercare@carhartt.com for further information.

The Terms of Use (including and together with any terms incorporated herein) are the entire agreement between you and Carhartt with respect to the subject matter herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Carhartt with respect to the subject matter herein. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

No failure on the part of Carhartt to enforce any part of these Terms of Use shall constitute a waiver of any of Carhartt’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Carhartt nor the reliance of any person on Carhartt’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Carhartt shall have any legal effect whatsoever.

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

With the exception of Section 21 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of [the State of Michigan].

A) U.S. RESIDENTS:

To the fullest extent permissible by law, with the exception of disputes pertaining to Carhartt’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and Carhartt arising under these Terms of Use shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law. The arbitrator shall be a retired judge or justice of any Michigan state or federal court with substantial experience in the internet industry and shall follow Michigan substantive law in adjudicating the dispute, except that this Section 21(a) shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 21(a) satisfies the “writing” requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address you have provided to Carhartt. For any claim in which you seek U.S. $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Carhartt shall pay the costs and fees of JAMS and the arbitrator. Carhartt agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

B) NON-U.S. RESIDENTS:

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Website or Terms of Use, then you and we agree to send a written notice to the other providing a reasonable description of the Section 21(b) Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 21(b). Your notice to us must be sent to us at info@carhartt.com. For a period of sixty (60) days from the date of receipt of notice from the other party, Carhartt and you will engage in a dialogue in order to attempt to resolve the Section 21(b) Dispute, though nothing will require either you or Carhartt to resolve the Section 21(b) Dispute on terms either you or Carhartt, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

If you have any questions regarding these Terms of Use, please contact us.

Date of Last Revision: 27-09-2018