Terms of use
Last updated 3/29/2024
Smartwool, a division of VF Outdoor, LLC, and its affiliates in the United States and Canada (collectively, “Smartwool”) provides access to our website at www.smartwool.comand any other sites we may provide from time to time (individually or collectively, the "Website") to you subject to the following Terms of Use:
BY ACCESSING OR USING THE WEBSITE AND SERVICES IN ANY WAY OR BY AGREEING TO PROVIDE SUBMISSIONS TO THE SMARTWOOL, YOU ARE AGREEING TO THE TERMS OF USE BELOW AS WELL AS THE PRIVACY POLICY. IN ADDITION, WHEN USING PARTICULAR PARTS OF THE WEBSITE SUCH AS SHOPPING, FORUMS, WATCHING VIDEOS, BLOGS OR THE LIKE, YOU AGREE TO ABIDE BY ANY APPLICABLE POSTED GUIDELINES FOR THOSE SERVICES. SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS OF USE OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE AND YOU SHOULD NOT PROVIDE SUBMISSIONS TO SMARTWOOL.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AFFECTING YOUR RIGHTS UNDER THESE TERMS OF USE. ANY DISPUTE BETWEEN YOU AND SMARTWOOL IS SUBJECT TO A CLASS ACTION WAIVER, AND, EXCEPT FOR THOSE DISPUTES FILED IN SMALL CLAIMS COURT, MUST BE RESOLVED THROUGH ARBITRATION RATHER THAN IN COURT.
SMARTWOOL MAY AMEND THESE TERMS OF USE AT ANY TIME. ANY SUCH AMENDMENT WILL BE EFFECTIVE UPON THE EARLIER OF EITHER NOTICE TO YOU OR POSTING UPDATED TERMS TO THE WEBSITE UNLESS YOU OPT OUT FOLLOWING THE STEPS OUTLINED BELOW. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE TO THE UPDATED TERMS OF USE. OUR CUSTOMER SERVICE REPRESENTATIVES ARE NOT AUTHORIZED TO MODIFY ANY PROVISION OF THESE TERMS OF USE, EITHER VERBALLY OR IN WRITING. YOU HAVE THE RIGHT TO OPT OUT OF ANY SUCH AMENDMENT BY PROVIDING US WITH WRITTEN NOTICE VIA USPS PRIORITY MAIL OR HAND DELIVERY WITHIN 30 DAYS OF THE AMENDMENT TO: SMARTWOOL, A DIVISION OF VF OUTDOOR, LLC, ATTN: GENERAL COUNSEL, 1551 WEWATTA STREET, DENVER, CO 80202. TO BE EFFECTIVE, YOUR OPT-OUT NOTICE MUST BE TIMELY, SENT TO THIS ADDRESS, AND INCLUDE YOUR NAME, ADDRESS, AND THE SAME EMAIL ADDRESS USED TO CREATE AN ACCOUNT WITH US AND AN UNEQUIVOCAL STATEMENT THAT YOU WISH TO OPT OUT OF THE UPDATED TERMS OF USE. OPTING OUT OF AN AMENDMENT TO THE TERMS OF USE HAS NO EFFECT ON ANY OTHER AGREEMENTS THAT YOU CURRENTLY HAVE WITH US, INCLUDING ANY PRIOR TERMS OF USE AND OUR PRIVACY POLICY.
SMARTWOOL HAS THE RIGHT, BUT IS NOT OBLIGATED, TO STRICTLY ENFORCE THE TERMS OF USE THROUGH SELF-HELP, COMMUNITY MODERATION, ACTIVE INVESTIGATION, LITIGATION AND PROSECUTION.
Trademarks
Smartwool trademarks displayed on this Website are trademarks or registered trademarks of Smartwool and its affiliated companies in the United States and internationally (including but not limited to the Smartwool name and logo, and other logos). All other trademarks are the sole property of their respective companies. All use prohibited.
Ownership of Website Content
The Website is protected to the maximum extent permitted by copyright and intellectual property rights laws and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, and FAQs is owned exclusively by Smartwool and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Smartwool. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Submissions of User Content
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Smartwool or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example, Instagram, Twitter, Facebook, YouTube, TikTok, Reddit, and Pinterest, that are associated with hashtags related to Smartwool, including, for example, #smartwool #gofarfeelgood. Such Submissions may be used on the Website and/or on other Smartwool marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Smartwool to be used, it may be displayed for other users to see, together with your name and social media identifier (if applicable) profile information (such as your handle and profile picture). Smartwool is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, Smartwool, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, social media identifier, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms of Use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms of Use for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including, Instagram, Twitter, Facebook, YouTube, TikTok, Reddit, and Pinterest’s Terms of Use.
If you provide personal data to us, including personal data about individuals other than yourself, you represent and warrant: (i) you have the authority to provide that personal data and to grant us the right to use that personal data consistently with the PRIVACY POLICY, (ii) you have provided that personal data voluntarily, and (iii) you consent to the use of that personal data in the manner indicated by the PRIVACY POLICY. If you provide a third party's e-mail address to us, you represent and warrant that you have the consent of that third party to provide his/her e-mail address to us.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead Smartwool as to the origin of any Submission. You agree to indemnify Smartwool, our vendors, and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Google, LLC, TikTok Inc., Reddit, Inc., and Pinterest, Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, social media identifier, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms of Use or applicable laws. THE FOREGOING INDEMNIFICATION PROVISION SHALL NOT APPLY TO SMARTWOOL’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non confidential, may be made available to the general public, and may be used by Smartwool without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Smartwool reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Smartwool is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Smartwool, including its licensors and/or vendors, and Smartwool does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Smartwool has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Feedback
Any questions, comments, suggestions, or other information about Smartwool products or services submitted to Smartwool through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Smartwool shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Smartwool specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Smartwool will not have any obligation or liability to you arising from Smartwool’s and/or any third party’s receipt or use of such information or material.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Smartwool does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Smartwool expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you may not rely on said Feedback and User Content, and that under no circumstances will Smartwool be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Smartwool does not pre-screen or approve Feedback and User Content, but that Smartwool shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
User Conduct
You agree not to transmit to Smartwool any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Smartwool employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Smartwool users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Smartwool computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
Smartwool may refuse, delete, modify, edit or remove any Submissions at any time for any reason and Smartwool may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason.
Establishing an Account
Submissions and use of the Website are made available only to persons over the age of 16 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 16 and children under the age of 16 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your device. You should choose a unique and complex password not used for other accounts. All activities that occur under your account or password shall be your responsibility. You agree that we may communicate with you by email for transactional and legal messages regarding your account.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Smartwool’s review and approval. If Smartwool chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
External Sites
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Smartwool is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Copyright
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents, pages, or components may contain different copyright notices and/or additional proprietary notices.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Smartwool agent for notice of claims of copyright infringement ("Copyright Agent"), at:
Smartwoolcopyrightagent@vfc.com
Or
Attn: Copyright Agent / General Counsel
Smartwool Website
VF Intellectual Property Services, Inc.
3411 Silverside Rd., 200 Hanby Building
Wilmington DE 19810
Phone: 720-778-4000
In order to be effective, a notice of copyright infringement must be made in writing and include:
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. 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 the Copyright Agent to locate the material (e.g., the URL);
3. Your contact information, such as an address, telephone number, and email address at which you may be contacted;
4. A statement 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; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Smartwool has adopted a policy of limiting access to or terminating the online accounts of users who are deemed repeat infringers. Under Smartwool’s policy, a ‘repeat infringer’ is any user who repeatedly fails to adhere to Smartwool’s Terms of Use or local law by repeatedly submitting that infringes the rights of another party.
Children
Submissions and use of the Website are made available only to persons over the age of 16 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 16. Smartwool therefore recommends that children obtain the permission and assistance of a parent or legal guardian prior to accessing the Website. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Website, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor. Children under the age of 16 are not to submit any personally identifying information through the Website.
Pursuant to 47 U.S.C. § 230(d) as amended, Smartwool hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with Smartwool).
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTWOOL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMARTWOOL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION ON LIABILITY AND INDEMNITY OF SMARTWOOL
UNDER NO CIRCUMSTANCES SHALL SMARTWOOL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SMARTWOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE; FROM YOUR INABILITY TO USE THE WEBSITE; OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SMARTWOOL WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The foregoing limitations of liability are applicable within the state of new jersey. in addition, certain other jursidictions do not permit limitations of liability. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold Smartwool, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your Submissions; your third party event, website or organization; your misuse of the Website; your violation of the Terms of Use; your breach of any of the representations and warranties herein; or your violation of any rights of another. The foregoing indemnification provision shall not apply to Smartwool’s own negligence or intentional conduct.
Compliance with Applicable Laws; Export Control Laws
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Smartwool products and publications are commercial in nature. Smartwool does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in the United States in compliance with the PRIVACY POLICY.
SMS TERMS AND CONDITIONS FOR SMARTWOOL
Please read these terms and conditions carefully. By providing your telephone number(s) and confirming your acceptance of SMS/text messages from Smartwool, through electronic and/or digital means, you expressly consent to receive recurring non-marketing and marketing text messages from Smartwool, a division of VF Outdoor, LLC, and others texting on behalf of Smartwool, including text messages made with an automatic telephone dialing system, at the telephone number(s) that you provide. Your consent is not required to purchase any goods or services. You may opt out of these communications at any time. Message and data rates may apply. Message frequency varies.
You also accept and agree to be bound by these SMS Terms and Conditions, our Terms of Use, our PRIVACY POLICY , and any other applicable terms and agreements related to your use of Smartwool services. THESE TERMS AND CONDITIONS ARE SUBJECT TO AN ARBITRATION CLAUSE, WHICH AFFECTS HOW DISPUTES ARE RESOLVED.
Program Description
Smartwool and its service providers may use an automatic telephone dialing system to deliver text messages to you. Smartwool text messages are intended to provide you with information about Smartwool goods and services, including exclusive limited time offers.
Cost
Message and data rates may apply to each text message sent or received in connection with Smartwool text messages as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans. Smartwool does not impose a separate fee for sending Smartwool text messages.
How to Opt In
To opt in to receive text messages from Smartwool, please follow the instructions provided when you enroll.
How to Opt Out
To stop receiving text messages from Smartwool, use the mobile phone corresponding to the number enrolled in Smartwool text messages and reply “STOP”, “END”, “QUIT”, “UNSUBSCRIBE”, or “CANCEL” in response to a text message from the Smartwool text messaging program or to 85576. You will then receive confirmation of your opt-out.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Smartwool immediately if you change your mobile telephone number. You may notify Smartwool of a number change by via the “Contact Us” page on its website.
You agree to indemnify Smartwool in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Smartwool if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act and state telemarketing laws.
Privacy
Please click this link to access Smartwool PRIVACY POLICY .
Carriers
We are able to deliver messages to the following mobile phone carriers: AT&T, T-Mobile®, Verizon Wireless, Sprint, Nextel, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile.
***Carriers are not liable for delayed or undelivered messages*** Smartwool may add or delete carriers at any time, without notice.
Access or Delivery to Mobile Network Is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Smartwool, and Smartwool is not responsible or liable for issues arising from them.
Support/Help
For help or support, reply “HELP” in response to a text message from the Smartwool text messaging program or text “HELP” to 85576. You may also receive help via the “Contact Us” page on the Smartwool website.
Eligibility
To receive Smartwool text messages, you must be a resident of the United States and 18 years of age or older. Smartwool reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Smartwool may revise, modify, or amend these SMS Terms and Conditions at any time. We will provide notice of any such revision, modification, or amendment through reasonable means, including but not limited by email to any email address you provide or by text message to any telephone number you provide. Said revision, modification, or amendment shall not apply retroactively and will not be effective until seven (7) days after we provide notice. If you do not agree to the revision, modification, or amendment, you must opt-out of Smartwool text messages within the 7-day notice period. If you do not opt-out, you will be deemed to have accepted the revision, modification, or amendment.
Termination of Text Messaging
Smartwool may suspend or terminate your receipt of Smartwool text messages for any reason, including if Smartwool believes you are in breach of these SMS Terms and Conditions. Your receipt of Smartwool text messages is also subject to termination if your mobile telephone service terminates or lapses. Smartwool reserves the right to modify or discontinue, temporarily or permanently, all or any part of Smartwool text messages, with or without notice.
Communications and Consent to Electronic Notices
You may communicate with Smartwool via postal mail, telephone, and our website. Smartwool may issue notices via various channels, including by sending email to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by email satisfy any requirement that notices be provided in writing. If you do not agree, do not use Smartwool products or services.
Your consent to receive electronic communications applies to this transaction and any future transaction which may arise out of this transaction. You may have the right to withdraw your consent to receive certain electronic communications, and when required by law, Smartwool will provide you with paper copies upon request at no charge. You may make such a request via any of the channels listed above. If you withdraw your consent, Smartwool reserves the right to terminate your use of Smartwool products or services.
To receive, access, and retain the notices that Smartwool sends via email, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you can receive, access, and retain the notices that Smartwool may send. You may update your contact information via the “Contact Us” page on the Smartwool website.
Contact Us
If you have questions regarding these SMS Terms and Conditions, please contact Customer Service at 1-888-879-9665 or email us at customerservice@smartwool.com.
Disputes and Arbitration Agreement
Informal Dispute Resolution
You and we agree to work together in an effort to resolve any dispute or claim between us relating to these Terms of Use, your account, purchases, or our products (“Dispute”). The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:
1) Smartwool, A Division of VF Outdoor, LLC at ATTN: General Counsel, 1551 Wewatta Street, Denver, CO 90202
2) You, at your last-used billing address or the billing and/or shipping address in your online profile.
Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement
To the extent you and we cannot resolve any Dispute through the informal dispute resolution procedure described above, any Dispute will be resolved by binding arbitration, rather than in court, except that you or we may assert individual claims in small claims court if the claims qualify and so long as the matter remains in such court and advances only on an individual basis. You and we agree to give up your right to go to court to assert or defend your rights under these Terms of Use and with respect to any Dispute. This also includes any dispute or claim that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. You and we expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
If for any reason a claim proceeds in court rather than in arbitration, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, including rules related to multiple or mass case filings, except as provided in this section. You agree that the arbitration shall be conducted by AAA pursuant to its Consumer Arbitration Rules (“AAA Rules”) and, if appropriate, its Mass Arbitration Supplementary Rules (“Supplementary Rules”), as modified by this Arbitration Agreement. The AAA Rules and Supplementary Rules, are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. If you initiate an arbitration against Smartwool, you will be responsible for the nonrefundable individual’s initial filing fee. To the extent the filing fee for the arbitration exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration, the arbitrator may require Smartwool to reimburse you for the excess amount you paid to AAA. If the arbitrator finds that AAA’s filing, administrative, hearing, and/or other fees would be prohibitive for you as compared to the costs of litigation, the arbitrator may require Smartwool to reimburse as much of the filing, administration, hearing, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. In the even the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, groundless, or brought or continued in bad faith, you agree to reimburse Smartwool for all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the AAA Rules. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator may, in the arbitrator’s discretion and to the extent authorized by applicable law, include in the award rendered by the arbitrator costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses, to the prevailing party, and the arbitrator shall include in such analysis whether any claims made in the arbitration were frivolous or were brought or continued in bad faith.
Waiver of Right to Bring Class Actions and Representative Claims
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and we agree that each may bring claims against the other in arbitration only in your or Smartwool’ respective individual capacities and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Mass Arbitration and Bellwether Protocols.
To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed within 180 days of an arbitration demand filed on your or Smartwool’ behalf, and your claim or defense is presented by or with the assistance or involvement of the same law firm, organization, or collection of law firms as is involved in the other arbitrations of a similar nature, the parties agree that this will constitute a “Mass Arbitration.”
If the parties disagree about whether a Mass Arbitration has been instituted, either party may request that the arbitration provider determine that a Mass Arbitration has been instituted and that the procedures below are applicable. For purposes of making this determination, the parties agree that arbitration demands are of a “similar nature” if they arise out of or relate to a similar factual scenario and raise the same or similar legal issues and seek the same or similar relief.
From the date of agreement that a Mass Arbitration has been filed, or if the arbitration provider determines that a Mass Arbitration has been filed, either party may opt-out of arbitration within thirty (30) days of the determination. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to us, Attn: General Counsel, at the address above stated in these Terms of Use via USPS Priority Mail or hand delivery. We may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented.
If the parties proceed with the Mass Arbitration, they agree that the following terms and procedures shall apply.
First, the parties agree to the following bellwether protocols intended to reach a fair and speedy resolution of all claims in the Mass Arbitration. The arbitration provider shall randomly select four (4) demands for arbitration to proceed, and then claimants and respondents shall each select three (3) demands for arbitration to proceed, for a total of ten (10) arbitrations (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all remaining demands for arbitration comprising the Mass Arbitration shall be held in abeyance and stayed, and no party shall be responsible for paying any additional administration or arbitrator fees (other than initial filing/administrative fees for the Bellwether Arbitrations and the abeyance fees) while the Bellwether Arbitrations are adjudicated. Any applicable statute of limitations regarding those demands shall be tolled beginning from the date of determination there is a Mass Arbitration. The parties agree that these bellwether procedures are designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Arbitrations, including claims that are not selected for Bellwether Arbitrations. Accordingly, following the resolution of all of the Bellwether Arbitrations, the parties shall engage in a global mediation of all remaining demands for arbitration comprising the Mass Arbitration. The mediation shall be administered by the arbitration provider, or a mutually agreeable other mediator.
If the parties are unable to reach a global resolution following the above Bellwether Arbitrations and global mediation, the following batching provisions shall apply to the remaining claims:
1. The parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch. To the extent there are fewer than 100 arbitration demands left over after the batching previously described, a final batch shall consist of the remaining demands.
2. The arbitration provider shall treat each batch of demands as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents, and administrative, arbitrator, and filing fees per batch.
3. This batching process shall not impact the nature of these actions as individual in nature, including that the arbitrator will make a separate determination for each claimant, nor shall it change the burden of proof on each individual claimant.
You agree to cooperate in good faith with Smartwool and the arbitration provider to implement such a batch approach to resolution. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. If the AAA is unable or unwilling to administer the Dispute in accordance with the terms set forth in this section, the parties shall agree to another arbitration provider that is willing and able to administer the Mass Arbitration pursuant to the Bellwether Arbitration and batch approach outlined in the terms above.
Severability of Arbitration Agreement
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Arbitration Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Other Terms. The parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that it shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Website ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Opt Out
You may opt out of this Arbitration Agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out of this Arbitration Agreement, you must notify us in writing no later than thirty (30) calendar days after you receive notice of the Terms of Use. If you opt out of the Arbitration Agreement, the Class Action Waiver shall continue to apply. Your opt-out notice and must be sent via USPS Priority Mail or hand delivery to Smartwool, a Division of VF Outdoor, LLC, ATTN: General Counsel, at the address noted above in this Section and shall include your name, address, and the same email address you used to create an account with us and a statement that you wish to opt out of this Arbitration Agreement. Opt-out notices sent via email will not be effective.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or we. You may terminate this Terms of Use at any time. We also may terminate these Terms of Use at any time without notice, and accordingly may deny you access to the Website, if in our sole judgment you fail to comply with any term or provision of the Terms of Use. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination for all purposes.
Governing Law; Entire Agreement
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to our services, these Terms of Use, the PRIVACY POLICY, or your use of the Website, will be governed by and construed in accordance with the State of Delaware, without regard to its choice of law provisions, and not by the 1980 U.S. Convention on Contracts for the International Sale of Goods. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to our services, these Terms of Use, the PRIVACY POLICY or your use of the Website shall be subject to the exclusive jurisdiction of state or federal courts in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts. These Terms of Use constitute the entire agreement between you and The North Face with respect to the subject matter of the Terms of Use.
Contact Us
If you have any questions about these Terms of Use, please contact:
Smartwool
Attn: Consumer Service
VF Outdoor, LLC
1551 Wewatta St.
Denver, CO 80202
Phone: 1-888-879-9665
Email: customerservice@smartwool.com
Accessibility
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