Terms of Use

BY AGREEING TO THESE TERMS OF USE, YOU WILL BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

These Terms of Use constitute a binding contract between you and Cabot Hosiery Mills, Inc. d/b/a DARN TOUGH VERMONT, with respect to our website, www.darntough.com (the "Site") and mobile app, and your purchase of our products. These Terms of Use include our other policies hyperlinked herein, including our Unconditionally Guaranteed for Life policy, which we stand behind for all of our socks.

There are also provisions that require you to provide us with NOTICE of any claims you may have and to allow us the opportunity to RESOLVE DISPUTES with you before you can sue us.

We reserve the right to modify these Terms of Use at any time by posting the date of the most recent update at of the end of this page.

Table of Contents

  1. Our eCommerce Services
  2. Our Intellectual Property Rights
  3. Content Submitted by You
  4. Product Suggestions
  5. Promotions
  6. Children
  7. Dispute Resolution

Our Ecommerce Services

All purchases are subject to our Returns & Exchanges and Shipping policies, and all of our socks are Unconditionally Guaranteed for Life in accordance with the terms and conditions stated therein.

We have also adopted a Privacy Policy that we encourage you to read in order to be fully informed as to how we use and collect information, and an Accessibility Statement and Policy that you should read in order to understand our commitment to digital inclusion.

All purchases are made through the Shopify platform. We don't collect or store your credit card information.

Prices on the Site are subject to change without notice. Products may be limited in their availability. We have made every effort to display as accurately as possible the colors of our products, but we cannot guarantee that your computer monitor's display of any color will be accurate.

If we make a change to, or cancel, an order, we will do our best to notify you by contacting the email address and/or phone number you provided to us. Be sure to keep your contact information and shipping address current!

Our Merino Wool socks contain different percentages of Merino Wool, Nylon, and Lycra Spandex. On each product page, click on "Materials & Care" to confirm the content for the particular socks prior to making your purchase. It is your responsibility to inform yourself of those percentages, and you may not bring any action or make a claim regarding the fiber content of our socks.

Our Intellectual Property Rights

All trademarks, logos, text, designs, graphics, images, videos, photographs, and other content appearing on the Site (the "Content") are our intellectual property or are used by us with authorization from a third-party. Content may be protected by copyright, trademark, or other proprietary rights and laws.

You are free to use our Content for your personal, non-commercial home use, or on the basis of "fair use" (as defined under the U.S. Copyright Act), or with our prior written permission. (Any other use is prohibited). You may also create hyperlinks to the Site, provided that we are not portrayed in a false, misleading, or defamatory manner, and provided that the linking Site does not contain any material that is racist, sexist, homophobic, anti-trans, or otherwise hateful, discriminatory, harassing, or threatening. 

Content Submitted by You

You represent and guarantee that any information, text, reviews, posts, images, videos, or other content that you upload to the Site ("User Content") is not false or misleading, and that your User Content does not infringe anyone's copyrights or trademark rights, or violate anyone's right of publicity or privacy rights. You also acknowledge and agree that (a) we have the right to use your User Content in perpetuity for our promotional purposes; (b) if you live in a country that grants you "moral rights" in any User Content, you will not assert those rights against us; and (c) you shall be solely liable for any damages resulting from any claim that your User Content infringes or violates any right of any third party. If you want us to remove any User Content from the Site, please contact us at support@darntough.com

Product Suggestions

If you make any suggestions to us regarding any product (including sock designs), you shall not have or make any claim against us for compensation of any kind if we act on those suggestions.

Promotions

Any coupons, rebates, sweepstakes, or other promotions ("Promotions") made available through the Site are governed by specific rules that may be separate from these Terms of Use. Be sure to read the applicable rules to ensure that your participation, registration, submission, and/or entry are valid, and to understand the rules of the Promotion in question.

Children

In order to purchase products on our Site, you must be at least the age of majority in your state or province of residence, or be authorized by your parent or legal guardian.

We do not knowingly attempt to solicit or receive information from children under thirteen (13) years of age. Certain Promotions may be expressly limited to people who are at least 18 years of age.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY:
IT CONTAINS AN AGREEMENT REGARDING THE RESOLUTION OF CLAIMS BEFORE YOU CAN FILE A LAWSUIT AGAINST US IN COURT 

Initiation of Claim. If you believe you have a claim against us of any kind (including but not limited to claims for injunctive relief, damages, or attorneys’ fees under the Americans with Disabilities Act, or any other statute, rules or regulations, whether federal, state, county, or municipal, then you must, prior to filing a claim against us in a court of law, email our customer service representatives at support@darntough.com or use our contact form, and present your dispute or claim to allow us the opportunity to resolve it. Similarly, if we believe we have a dispute with or claim against you,, our customer service representatives will first contact you in an attempt to resolve the dispute or claim.

Notice of Claim. If the dispute or claim cannot be resolved by our customer service representatives within ten (10) business days, and either you or we thereafter intend to file a lawsuit, the party wishing to file suit must send a written notice of the claim (“Notice”) to the other party as further described below. Your Notice to us must be delivered by certified or priority mail and addressed to: Cabot Hosiery Mills, Inc., 364 Whetstone Dr, Northfield, VT 05663, Attn: Legal Affairs. Our Notice to you will be sent to the email address or physical address you have previously provided to us. All Notices, whether sent by you or by us, must (a) describe in detail all material aspects of the claim, any statutes under which the claim purports to arise, and any other basis for the claim; and (b) set forth the specific relief sought. In addition, if your alleged complaint relates to the functionality or accessibility of the Site, you must store, and provide to us upon request, the log and event data evidencing your access to the Site so that we may verify your device environment and other details related to the complained of issues.

Following the Notice you or we (as applicable) shall have thirty (30) days within which to resolve the dispute. Failing that, a lawsuit may be filed. However, if the subject matter of your claim is accessibility of our Site, our full remediation within thirty (30) days of the specific accessibility issues identified in your Notice shall be deemed to be a complete resolution of your dispute, even if your claims involved a request for injunctive, declaratory, or any future relief.

Enforceability. In the event a court of competent jurisdiction finds any of these Terms of Use unenforceable, that provision shall not be effective and the remainder of these Terms of Use shall remain binding on you and us.

Waiver. No waiver, express or implied, by either you or us of any breach of or default under these Terms of Use shall constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Governing Law and Rules. These Terms of Use and any dispute or controversy arising out of or related to the Terms of Use (including any ancillary terms linked herein) and/or the relationship between the Parties established herein (“Claims”) shall be governed by and construed, interpreted, and resolved in accordance with the laws of the State of Vermont without regard to its choice of law provisions; provided, however, that any procedural or substantive Claim conflicting with or falling under the exclusive jurisdiction of United States federal law shall be governed by, and construed, interpreted, and resolved in accordance with United States federal law without regard to its choice of law provisions. All Claims shall be submitted exclusively to the federal and state courts of competent jurisdiction located in or serving Washington County, Vermont, and you and we hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and venue, and waive any objection they may now or hereafter have with respect thereto. Notwithstanding the Dispute Resolution procedures described above and the foregoing exclusive jurisdiction and venue, we shall have the right to bring an action in any court of competent jurisdiction to enjoin infringement or other misuse of our intellectual property.

Special Terms for Users in Certain Jurisdictions

The following terms apply to users who are residents of or are located in certain jurisdictions:

California Civil Code Section 1789.3: We charge for products and shipping. We do not charge consumers for using the Site. For complaints or inquiries, you can use our contact form, call us at (877) DARNTUF, or write to us at support@darntough.com, or Cabot Hosiery Mills, Inc., 364 Whetstone Drive, Northfield, VT 05663. Attn: Legal.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

Contacting Us

If you have questions about these Terms of Service, you can use our contact form, call us at (877) DARNTUF, or write to us at support@darntough.com, or Cabot Hosiery Mills, Inc., 364 Whetstone Drive, Northfield, VT 05663.

Terms of Use Last Updated: October 25, 2023