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Smartwool
Quick Introduction & Background[edit | edit source]
Smartwool is an American clothing company that specializes in outdoor clothing made from Merino wool.
On March 29th, 2024, Smartwool emailed customers in their database and automatically applied forced arbitration to their terms of service. Smartwool sent out an email to users that opts you into this agreement without an option to decline via email or their website. Smartwool provided a process to opt out that involves sending a physical letter via priority mail or hand delivering a letter to their headquarters.
New Terms of Use[edit | edit source]
The new Smartwool terms of use includes the following related to forced arbitration:
- Revised our process for resolving disputes you may have with us, including a new arbitration process to efficiently manage multiple and similar claims.
Users who wanted to opt out were provided the following ways to opt out:
Your opt-out notice must be sent to General Counsel at the address below via USPS Priority Mail or hand delivery within 30 days of receiving this notice, and shall include your name, address, and the same email address you used to create an account with us and an unequivocal statement that you wish to opt out of the updated Terms of Use. Opt-out notices sent via email will not be effective.
Smartwool advises that with no other action, you will be forced into the new terms via this email by stating at the end that without a response, they will assume you have agreed to these changes and proceed with out confirmation.
By using our website and services after this date, you confirm that you have reviewed and agreed to our updated Terms of Use.
