Terms of service

Please read these terms and conditions (“terms”) carefully. These terms are provided to you by carhartt, inc. And its affiliates (collectively, “carhartt”) and govern your use of any part of the website, digital service or other system or site on which these terms are posted, including any functionality, content and service included therein and made available to you by carhartt (collectively, the “site”). These terms shall apply and become binding on the first date that you access any part of the site or use any of the functionality provided through the site.

By accessing or using the site or by otherwise accepting these terms, you are agreeing to be bound by these terms and that these terms govern your use of the site. If you do not accept these terms, you are not authorized to access or use the site.

Notice of binding arbitration and waiver of class action: these terms include a mandatory binding arbitration provision and class action waiver, which limit your rights in the event of a dispute related to this site. Please refer to the “arbitration agreement and class action waiver” section below for more information.

Changes to Terms

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.

Minimum Age

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.

Links to Third Party Sites

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.

WARRANTY DISCLAIMER

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.

LIMITATION OF LIABILITY

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.

Indemnification

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.

Governing Law

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.