TERMS AND CONDITIONS

We may make changes to these Terms from time to time. Any changes to these Terms will be posted on the Site and we will indicate the date the Terms were last updated at the top of the updated version of these Terms. You understand and agree that your continued use of the Site after we have made any such changes constitutes your acceptance of the new Terms. If we make any material changes to these Terms, we will make a reasonable effort to inform you of such changes. However, it is your responsibility to review the Terms posted to the Site from time to time to see if they have been updated.

You represent that you are at least 18 years of age (or the age of majority in the State in which you reside).  If you are under the age of 18 (or the age of majority in the State in which you reside), but at least 13 years of age, you may use the Site only under the supervision of your legal guardian who has agreed to be bound by these Terms. This Site is not intended for, and you may not use this Site if you are under 13 years of age.

Please note that certain products, services, programs, promotions, or other offers of Carhartt may be governed by additional or separate terms, conditions or policies, including but not limited to, those terms identified below. It is your responsibility to comply with those terms and conditions, as well as all laws and regulations that apply to your purchase and use of any Carhartt product. In the event of any conflict between these Terms and any other terms, conditions or policies, such other term, condition, or policy will govern solely with respect to those products, services, programs, promotions, or other offers, as may be further explained in such terms, conditions or policies.

See also:

• Carhartt Privacy Policy
• Gift Card Terms and Conditions
• Carhartt Groundbreakers Loyalty Terms and Conditions of Participation
• Ideas that Work Terms and Conditions
• Carhartt Workshop Terms and Conditions

The Site may contain links to websites owned or operated by third parties or otherwise contain content provided by third parties (“Third Party Materials”). Such Third Party Materials are provided solely as a convenience to you, and Carhartt is not responsible for, does not endorse, and makes no representation regarding any Third Party Materials. If you decide to visit any third party site linked to this Site, you do so at your own risk. We encourage you to review the privacy policy and terms of use for such third party sites.

Carhartt reserves the right, in its sole discretion, to limit or terminate or suspend your access to or use of the Site, in whole or in part, at any time without notice. Termination of such access or use will not waive or affect any other right or relief to which Carhartt may be entitled at law or in equity.

Upon any such termination or suspension, your right to use the Site will immediately cease and you must discontinue use of the Site. Carhartt reserves the right to immediately and permanently deactivate your Account and delete any information or content stored through your Account. The following Sections will survive any termination or expiration of these Terms: Sections: 1, 3, 5, 7, 8, 10, 12, 13, 14, 16, 19(C), 21, 22, 23, 24, 25, 26, and 27.

Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.

Carhartt welcomes your comments and contributions to our Site and Social Media. However, you acknowledge that if you send or submit any suggestions, ideas, comments, photos, videos or other user-generated content to the Site or our Social Media, including on the Site's interactive features, such as product reviews or message boards (collectively, “Submissions”), you are granting Carhartt a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, sublicensable, assignable and transferable license to collect, use, reproduce, copy, modify, adapt, delete from, prepare derivative works based on and publicly perform, display, transmit, promote, and distribute such Submission for any purpose whatsoever and without restriction. You also grant and are authorized to grant Carhartt the right to use, without consideration, any name or likeness you submit with your Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to the Site or Social Media. Carhartt shall have no obligation to use your Submission.

You agree to release and discharge Carhartt from all and any obligation to pay you for any use of your Submission and any of the intellectual property rights contained therein in connection with the uses described above. You should not send us any Submission that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and Carhartt is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE or Social Media, YOU DO SO AT YOUR OWN RISK.

You represent and warrant that: (i) you own or otherwise control all the rights in any Submission you submit, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify Carhartt for all claims resulting from Submissions you submit to the Site.

As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site:

• transmit to Carhartt material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
• send material that reveals trade secrets, unless you own them or have the permission of the owner;
• send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• send material that is false or fraudulent;
• send material that is unlawful, deceptive, misleading, invasive of another’s privacy, harmful, tortious, offensive, threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable;
• send advertisements or solicitations of business;
• reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
• send material that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
• send material that imposes an unreasonable or disproportionately large load on Carhartt's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or otherwise;
• send material that contains 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;
• send material that creates program accounts by any automated means or under false or misleading pretenses;
• send material that harvests, scrapes or collects any information from the Site;
• send material that disguises the source of Submissions posted by User;
• send chain letters, pyramid schemes, political campaigning or spam; or
• impersonate another person.

Carhartt is under no obligation to monitor your Submissions, or to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to Carhartt; accordingly, Carhartt has an absolute right to remove any material available through the Site or Social Media in its sole discretion at any time. Carhartt reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.

We try to describe and display the features of all of the products shown on the Site as accurately as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current or entirely error-free. Moreover, descriptions or images of products on the Site should not be interpreted as endorsements of such products. We may make changes to the Site at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Site may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. If a product offered by the Site is not as described, your sole remedy is to return it in accordance with Carhartt’s Shipping & Returns Policy, which is located here.

All content on the Site, including but not limited to text, graphics, images, software, features, tools, code, information and other content (collectively, the “Content”), is the property of Carhartt and its licensors and is protected under United States and foreign copyright laws and other laws. In connection with your use of the Site, Carhartt grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access, view, use, print and download a single copy of the Content for your personal use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears in the Content. Carhartt may revoke this license at any time for any or no reason. Other than as expressly allowed in these Terms, any other use of the Site or Content is expressly prohibited. You may not sell or modify Content or reproduce, display, distribute or otherwise use Content in any way for any public or commercial purpose without Carhartt’s prior written consent. Use of Content on any online or digital platform or in a networked environment other than as expressly authorized herein is prohibited. Unauthorized use of Content may be in violation of copyright, trademark and other laws.

The Content we choose to make available on the Site from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you.

Without limitation of the foregoing, the Site may contain certain content from third parties. Content may be subject to its own additional license terms and policies. You should refer to the terms and policies posted on third party websites prior to using any such site. Carhartt does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. YOU AGREE THAT CARHARTT IS NOT RESPONSIBLE FOR THE SUBSTANCE OR ACCESSIBILITY OF ANY THIRD PARTY CONTENT ACCESSIBLE THROUGH THE SITES AND UNDERSTAND THAT YOU BEAR ALL RISKS ASSOCIATED WITH YOUR ACCESS TO AND/OR USE OF SUCH CONTENT.

We expect you to use the Site responsibly and to respect the rights of others. You agree that when using the Site or submitting any Submissions to the Site, you will not:

• access data not intended for you or log onto a server or an account that you are not authorized to use;
• circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of the Site;
• interfere with service to any other user, or the software, networks or systems that we use to bring the Site to you, such as by submitting a virus or overloading, "flooding," "spamming," "mailbombing" or "crashing" the Site;
• modify, alter or prepare other works based on the Site’s Content, or distribute copies of or publicly perform or display such Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure or organization of the Site;
• use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Site other than the search tools available on the Site and other generally available third-party web browsers;
• transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Site; or
• use the Site in a manner that is inconsistent with any and all applicable laws and regulations.

Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Site may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations and may result in, among other things, termination of your access to the Site by Carhartt in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.

The names, marks and logos appearing in the Site’s Content are, unless otherwise noted, trademarks owned by or licensed to Carhartt. The use of these marks, except as provided in these Terms, is prohibited. From time to time, Carhartt makes fair use in the Contents of trademarks owned and used by third parties. Carhartt makes no claim to ownership of those marks. You may not use Carhartt’s trade name, trademarks, service marks or other intellectual property assets or its branded products and services, such as gift cards, for promotional, advertising or any other commercial purpose, unless and to the extent Carhartt specifically agrees in writing.

Carhartt welcomes your comments and contributions to our Site. However, you acknowledge that if you send or submit any suggestions, ideas, comments, photos, videos or other user-generated content to the Site, including on the Site's interactive features, such as product reviews or message boards (collectively, “Submissions”), you are granting Carhartt a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, sublicensable, assignable and transferable license to collect, use, reproduce, copy, modify, adapt, delete from, prepare derivative works based on and publicly perform, display, transmit, promote, and distribute such Submission for any purpose whatsoever and without restriction. You also grant and are authorized to grant Carhartt the right to use, without consideration, any name or likeness you submit with your Submission. You agree this license is effective automatically (without further action by you) when you submit the Submission to the Site. Carhartt shall have no obligation to use your Submission.

You agree to release and discharge Carhartt from all and any obligation to pay you for any use of your Submission and any of the intellectual property rights contained therein in connection with the uses described above. You should not send us any Submission that: you are legally prohibited from sharing or disclosing to us, contains product or service ideas that you intend to derive revenue from, or includes information you wish to remain confidential. You understand that your Submission may be made publicly available and Carhartt is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO SUBMIT ANY PERSONAL INFORMATION THROUGH OR IN CONNECTION WITH THE SITE, YOU DO SO AT YOUR OWN RISK.

You represent and warrant that: (i) you own or otherwise control all the rights in any Submission you submit, (ii) you have permission from any person(s) appearing in your photos to grant the rights herein, and (iii) that the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You will indemnify Carhartt for all claims resulting from Submissions you submit to the Site.

As a user of the Site, you are responsible for your communications and the consequences of their posting. Therefore, you agree to not do any of the following things on the Site:

• transmit to Carhartt material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
• send material that reveals trade secrets, unless you own them or have the permission of the owner;
• send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• send material that is false or fraudulent;
• send material that is unlawful, deceptive, misleading, invasive of another’s privacy, harmful, tortious, offensive, threatening, abusive, defamatory, libelous, harassing, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically or otherwise objectionable;
• send advertisements or solicitations of business;
• reveal any personal information about another individual, including another person's name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person;
• send material that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
• send material that imposes an unreasonable or disproportionately large load on Carhartt's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or otherwise;
• send material that contains 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;
• send material that creates program accounts by any automated means or under false or misleading pretenses;
• send material that harvests, scrapes or collects any information from the Site;
• send material that disguises the source of Submissions posted by User;
• send chain letters, pyramid schemes, political campaigning or spam; or
• impersonate another person.

Carhartt is under no obligation to monitor your Submissions, or to post, forward, transmit, distribute or otherwise provide any material available through the Site, including any Submission you provide to Carhartt; accordingly, Carhartt has an absolute right to remove any material available through the Site in its sole discretion at any time. Carhartt reserves the right to expel users and prevent their further access to the Site for violating these Terms or the law and reserves the right to remove any communications from the Site.

If you believe that any content or materials available on the Site infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to our designated copyright agent:

Carhartt, Inc.
5750 Mercury Drive
Dearborn, MI 48126
ATTN: Legal Department

You must include the following items in your complaint:

• a description of the copyrighted work
• a description of the material appearing on the Site (including where the material appears on the Site) that you wish to be taken down;
• your telephone number and either an e-mail address or physical mailing address where we may contact you;
• a statement by you of your good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or the law;
• a statement by you that the information in your complaint is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.

Carhartt enforces a policy of terminating and permanently banning repeat infringers from the Site.

In order to use certain features or functionality of the Site, including online purchases, you must establish an account with us (an "Account"). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. You are responsible for maintaining the confidentiality of your Account and password (including any related security questions and answers), and for restricting access to your computer or other device used to access your Account. You agree that you are solely responsible for any activities or actions taken under your Account, whether or not authorized by you, including purchases. You shall notify us immediately of any unauthorized use of your Account login credentials. We are not liable for any loss or damage from your failure to comply with this section. You represent and warrant that any information you provide to us is accurate, current and complete and that you will maintain and promptly update your information to keep it accurate, current and complete. If any information you provide to us is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.

When you sign up for an Account through the Site, you have, by default, “opted in” to receiving promotional emails from Carhartt. You may at any time opt out of receiving such promotional emails by logging into your account and adjusting your profile settings, or by using the opt-out functionality embedded in such promotional emails. We may communicate and transact with you electronically through the Site or through other electronic means.

You must provide a mobile phone number and agree to these terms and conditions in order to receive SMS, MMS or text messages (“Text Communications”) from Carhartt, including in connection with orders you place on the Site for delivery or pick-up. Before you start receiving Text Communications from Carhartt, you will need to verify the mobile phone number by responding to a text message to your mobile phone that affirms your choice to opt in to receive Text Communications. Note that in affirming this message, you acknowledge and agree that (i) Text Communications will be sent to the number you provide and whoever has access to that mobile phone or carrier account will be able to see this information; and (ii) you are the subscriber for the number you provide and will inform Carhartt if you are no longer the subscriber. Once you affirm your choice to opt in to this service, message frequency will vary. Message and data rates apply. You can text “STOP” to the number you receive in Text Communications to opt out of this program at any time.

Please contact us at Just_Ask_Us@carhartt.com with any additional questions you may have about the content of Text Communications you receive.

Availability of Products and Features

All product features, including availability, prices, charges and fees in effect, are subject to change at any time without notice. Carhartt reserves the right, with or without prior notice, to limit the availability of or discontinue any product; to restrict or cancel any purchase; and to refuse any order made by you. Not all products are available at all of our store locations at all times. Certain products are subject to additional terms, conditions, policies and disclosures. We reserve the right to limit your order or the quantity of a particular product that you may order.

Prices

The prices applicable to your order will be those in place on the date the order was placed. Promotional prices and discount offers are valid only during the applicable period indicated in the promotion. Such promotional prices may not be available in physical Carhartt stores. Likewise, promotional prices and discount offers offered in physical Carhartt stores or on other sites may not be available through the Site. Certain products may not be available at all locations. Prices at physical Carhartt stores or on other sites may vary from the prices listed on the Site, and these stores will have no obligation to honor or match such prices. In the event a product is listed at an incorrect price due to a typographical or other error, Carhartt shall have the right to cancel any orders for products listed at the incorrect price upon notice to you, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes.

Promotion Codes

Unless otherwise noted, promotion codes are valid only on orders placed via the Site, subject to the terms of this section. Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. You will have no claim against us in respect of such rejection or cancellation of a promotion code. We are not liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.

A. Minimum Purchase

Carhartt reserves the right to establish a spending limit for your account. Your right to use Carhartt delivery and pickup service is also subject to limits established by your payment card issuer.

B. Modifications/Cancellations to Orders

You may not modify or cancel an order once it has been placed.

C. Credit and Debit Cards; Billing and Payment

A credit or debit card will be required for all orders made through the Site. You authorize Carhartt to charge the credit or debit card (or other payment method accepted by Carhartt on the Site) provided by you for all purchases made through the Site through your Account, plus applicable taxes and fees (including delivery fees). You represent that you have the legal right to use any credit or debit card or other payment method provided by you and accepted by Carhartt, and you further agree to promptly pay for any order through the Site placed by you or anyone who you allow to use your account credentials or password, including members of your family, friends or any other person. During the payment authorization process, your credit or debit card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for fulfillment. If you fail to pay any fees or charges when due (including the fees and charges as stated above, as well as fees and charges for returned checks, electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), we may charge such amount directly to the credit or debit card you designate through the Site for payment of your order. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

A hold will be placed on your credit or debit card when the other is placed. Your credit or debit card will be charged for your order on the day your order is shipped. Please Contact Us for more information about your billing policies and procedures.

D. Reservation of Rights.

All orders placed through the Site are subject to Carhartt's acceptance. Carhartt may require verification of information prior to the acceptance and/or fulfillment of any order. Your receipt of an order confirmation does not signify Carhartt's acceptance of your order. Carhartt reserves the right at any time after receipt of your order to accept or decline it for any or no reason and without liability to you or anyone else. If your method of payment has already been charged for an order that Carhartt later cancels, Carhartt will issue you a refund. All returns and refunds for orders placed on the Site are subject to Carhartt's return policy, available here.

E. NO PURCHASE FOR RESALE

The Site is intended solely for Carhartt to sell Carhartt products direct to end consumers. Purchase of products for resale is strictly prohibited. “Purchase for resale” means the purchase of Carhartt product by someone who resells, or intends to resell, the Carhartt product to others (consumers, businesses, or any third party). If Carhartt believes you are involved in purchase for resale, Carhartt reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.

Available shipping options, including associated shipping fees, along with any in-store pick-up options will be shown as you proceed through the ordering process. You may find additional shipping and in-store pick-up information by clicking here. Your order will contain an invoice that will list all of the items you have received and were billed for, and you can find a copy of your order history in Account profile. If you believe a mistake has been made in preparing your order, please Contact Us.

Although Carhartt strives for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. Additionally, while users of the Site are bound by these Terms not to submit false material, Carhartt is not responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users. Carhartt makes no representations about the accuracy, reliability, completeness or timeliness of online material or about the results to be obtained from using the Site. Your access and use of the Site and any of its Content is at your own risk.

CARHARTT DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, CONTENT OR ANY COMPUTER SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CARHARTT SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND CARHARTT DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. CARHARTT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS OR LINKS.

WARRANTIES RELATING TO PRODUCTS OFFERED, SOLD AND DISTRIBUTED BY CARHARTT ARE SUBJECT TO SEPARATE WARRANTY TERMS OF USE, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS.

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CARHARTT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PART OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CARHARTT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CARHARTT’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE GREATER OF: (i) THE TOTAL PURCHASE PRICE OF THE RELEVANT ORDER, IF APPLICABLE; OR (ii) ONE HUNDRED DOLLARS ($100).

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE CARHARTT’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

IF YOU ARE A RESIDENT OF CALIFORNIA: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

IF YOU ARE A RESIDENT OF NEW JERSEY: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Carhartt’s own fraud, recklessness, gross negligence or willful misconduct.

By using the Site, you agree to defend, indemnify and hold harmless Carhartt, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. Carhartt reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

IF YOU ARE A RESIDENT OF NEW JERSEY: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Carhartt’s own fraud, recklessness, gross negligence or willful misconduct.

These Terms are governed by the Federal Arbitration Act and the substantive laws of the State of Michigan, without regard to its conflict of laws principles.

A. Mandatory Arbitration. YOU AND CARHARTT AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (EACH, A “DISPUTE”) TO BINDING ARBITRATION pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). You and Carhartt waive the right to a trial by jury and any right to have a Dispute heard in court.

In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief, and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at https://www.adr.org. You and Carhartt agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.

The arbitrator will decide all issues relating to the enforceability, interpretation, scope, and application of this Arbitration Agreement (including “gateway” issues of arbitrability, whether the Arbitration Agreement is unconscionable or illusory and any defense to arbitration), and these Terms, except that a court will resolve any question regarding the validity or enforceability of the class action waiver set forth in Section B of this Arbitration Agreement. The term "Dispute" and the requirement to arbitrate will be broadly interpreted.

B. Arbitration Class Action Waiver. You and Carhartt agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.

C. Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Carhartt will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Carhartt will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

D. Non-Arbitration Class Action and Jury Waiver. You and Carhartt agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Carhartt waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Carhartt may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH CARHARTT THAT CONTAINED AN ARBITRATION PROVISION. You may opt out of this Arbitration Agreement no later than the applicable deadline by sending an opt-out notice to Just_Ask_Us@carhartt.com or by calling 1-800-833-3118. The opt-out notice must state that you do not agree to this Arbitration Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Arbitration Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the arbitration provision, all other parts of this Arbitration Agreement will continue to apply.

Carhartt controls and operates the Site from the United States and does not claim that any part of the Site is appropriate or may be accessed or used outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site. You agree to comply with all U.S. or other export and re-export control restrictions. You represent and warrant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or similar restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government lists of prohibited or restricted parties.

By using the Site, you agree to defend, indemnify and hold harmless Carhartt, its affiliates and their respective officers, directors, employees, contractors and agents, from and against any and all losses, actions, claims, damages, fines, costs and expenses (including reasonable legal and accounting fees) arising from or related to your use of the Site, including the Content, or your breach of these Terms. Carhartt reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

IF YOU ARE A RESIDENT OF NEW JERSEY: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of Carhartt’s own fraud, recklessness, gross negligence or willful misconduct.

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Site is Carhartt, Inc., 5750 Mercury Drive, Dearborn, MI 48126. To file a complaint regarding the Site or ask us a question, please send a letter to the above address or contact Carhartt via e-mail at Just_Ask_Us@carhartt.com (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

We welcome you to contact us with any questions, comments or concerns about the Site, including any products or services you obtain through the Site: Mail: Carhartt, 5750 Mercury Drive, Dearborn, MI 48126 Telephone: 1-800-833-3118