3. MODIFICATION OF TERMS
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.
5. PROPRIETARY RIGHTS
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.
6. DISLCAIMER OF WARRANTIES
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.
We also explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this Section 7 (“Registration”).
8. USE RESTRICTIONS
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.
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.
9. USER CONTENT
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).
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.
10. LIMITATION OF LIABILITY
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.
11. Third Party Content/Software
12. LICENSE TO CARHARTT
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Website, you hereby:
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.
13. U.S. COPYRIGHT INFRINGEMENT CLAIMS
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:
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.
15. RESERVATION OF RIGHTS
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.
16. CARHARTT PRODUCTS
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 email@example.com for further information.
Integration and Severability
18. NO WAIVER
NOTICE FOR CALIFORNIA USERS
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.
20. CHOICE OF LAW
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].
21. BINDING ARBITRATION OF ALL DISPUTES; NO CLASS RELIEF
22. CONTACT US
Date of Last Revision: 27-09-2018