MESSAGING TERMS AND CONDITIONS
1. By joining the Duluth Text Crew and enrolling to receive text messages from Duluth Trading, you consent to receive recurring autodialed marketing text messages from or on behalf of Duluth Trading to the mobile number you have provided as described in these Terms of Service. 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 Terms of Service, and if you do not agree, you must immediately cease and opt-out, as described below.
2. Duluth Trading’s text program (Duluth Text Crew) sends you alerts so you do not miss out on our biggest sales, our best deals, and the newest products we have to offer.
3. You can cancel the Duluth Text Crew service at any time. Just text “STOP” to 385884. After you send the text message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again.
4. If at any time you forget what keywords are supported, just text “HELP” to 385884. 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. We are able to deliver messages to the following mobile phone carriers. Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Message and data rates may apply. ***Carriers are not liable for delayed or undelivered messages.***
6. As always, message and data rates may apply for any messages sent to you from or on behalf of Duluth Text Crew and sent from you back to us. You will receive periodic 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 firstname.lastname@example.org.
8. Delivery of text messages is not guaranteed. Deliveries of such text messages might be subject to delay or failure. Duluth is not responsible for any delayed or undelivered messages.
9. In the event you change or deactivate your mobile number, please contact Duluth Trading at email@example.com
10. By enrolling in this Duluth Text Crew program, 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 firstname.lastname@example.org if you cease being the account holder or subscriber for the mobile phone number you submitted.
11. We may update or amend these Terms of Service at any time, and such amendments will be effective upon our posting of the updated Terms of Service at https://www.duluthtrading.com/text. If you do not agree to these Terms of Service, as amended, you must immediately cease and opt-out, as described above. Your continued participation in the Duluth Text Crew after Duluth Trading Company has posted any amendment constitutes your consent to be bound by the Terms of Service, 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 email@example.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 AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE OR THE DULUTH TEXT CREW PROGRAM 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 or its employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Duluth Trading 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 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 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 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 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 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 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 DULUTH TEXT CREW PROGRAM, 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 DULUTH TEXT PROGRAM IS OFFERED TO THE PUBLIC AND COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, DULUTH TRADING 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.
Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Wisconsin.