1. Duluth Trading Company offers its customers marketing and promotional mobile alerts (e.g., cart reminders) by SMS message (the “Service”) on 863377. Customers may also sign up to receive order, shipping, and delivery notifications by SMS message (the “Service”) on 62876. By joining the Service and enrolling to receive text messages from Duluth Trading Company, you consent to receive recurring autodialed marketing, promotional, order, shipping and delivery notice text messages from or on behalf of Duluth Trading Company to the mobile number you have provided as described in these Messaging Terms and Conditions. You understand that consent is not a condition of purchase. We will send you a text message to confirm your signup and you must reply 'YES' within 24 hours or you will be required to sign up again. You agree to be bound by these Messaging Terms and Conditions and to our Privacy Policy, and if you do not agree, you must immediately cease and opt-out, as described below.

2. Once you affirm your choice to opt-in to the Service on 863377, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

• Sales promotions

• Event information

• Product launch announcements

• Cart reminders

• Back in stock alerts

• Price drop alerts

• Low inventory alerts

• Loyalty rewards

Once you affirm your choice to opt-in to the Service on 62876, your message frequency may vary based on your interactions and initiated texts. You may receive alerts about:

• An order has been placed

• An order has been shipped

• An order has been delivered

3. To stop receiving text messages from Duluth Trading Company, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 863377 and 62876 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Duluth Trading Company. You can also contact us at 1-866-300-9719 and customerservice@duluthtrading.com. These are the exclusive methods for opting out. Opting out of the Service on 863377 does not automatically opt you out of the Service on 62876 and vice versa. To stop receiving all text messages from Duluth Trading Company, you must opt out of each individual Service. After opting out, you will receive one additional message confirming that your request has been processed.

4. If at any time you forget what keywords are supported, just text “HELP” to 863377 and/or 62876. After you send the text message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

5. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The service may not be available on all wireless carriers. Duluth Trading Company may add or remove any wireless carrier from the service at any time without notice. Duluth Trading Company and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

6. As always, message and data rates may apply for any messages sent to you from or on behalf of Duluth Trading Company and sent from you back to us. You will receive recurring messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to customerservice@duluthtrading.com.

7. If you have any questions regarding privacy, please read our Privacy Policy: https://www.duluthtrading.com/content/privacy-security-policy.

8. Delivery of text messages is not guaranteed. Deliveries of such text messages might be subject to delay or failure. Duluth Trading Company is not responsible for any delayed or undelivered messages.

9. In the event you change or deactivate your mobile number, please contact Duluth Trading Company at customerservice@duluthtrading.com.

10. By enrolling in the Service, you certify that you are 18 years of age or older and that (a) you are the account holder of the mobile number or (b) you have the account holder’s permission to do so. You agree that you are not initiating messages to the mobile phone of any other person or entity, and you agree that you will promptly notify us at customerservice@duluthtrading.com if you cease being the account holder or subscriber for the mobile phone number you submitted.

11. We may update or amend these Messaging Terms and Conditions at any time, and such amendments will be effective upon our posting of the updated Messaging Terms and Conditions at https://www.duluthtrading.com/content/text. If you do not agree to these Messaging Terms and Conditions, as amended, you must immediately cease and opt-out, as described above. Your continued participation in the Service after Duluth Trading Company has posted any amendment constitutes your consent to be bound by the Messaging Terms and Conditions, as amended.

12. Dispute Resolution and Other Terms

We hope that everything goes well and there is “no bull,” but if there’s an issue that needs to be resolved, this section outlines what is expected of both of us. Most customer concerns can be resolved quickly by contacting our customer service department at customerservice@duluthtrading.com or at 1-866-300-9719. In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes through binding arbitration or small claims court as set forth below.

Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU AND DULUTH TRADING COMPANY AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE MESSAGING TERMS AND CONDITIONS OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Duluth Trading Company or its employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Duluth Trading Company may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Duluth Trading Company hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and Duluth Trading Company agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DULUTH TRADING COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND DULUTH TRADING COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Duluth Trading Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding the payment of filing, administrative, and arbitrator fees shall apply. Unless you and Duluth Trading Company agree otherwise in writing, the arbitration will take place in the county of your home address, Dane County, Wisconsin, or any other location we mutually agree to, subject to Wisconsin law.

Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, MESSAGES OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE SERVICE IS OFFERED TO THE PUBLIC AND COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, DULUTH TRADING COMPANY IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE AN ERROR-FREE PROGRAM.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this Service under this agreement is governed by the laws of the State of Wisconsin.