Darntougth Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Darntougth website (darntougth.com, “Website”), including all content, features, and services offered through the Website (e.g., browsing products, creating an account, placing orders, contacting customer service). By accessing or using the Website, you (“User,” “you”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and other applicable policies posted on the Website. If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility to Use the Website

To use the Website, you must:

  • Be at least 13 years old (or have the consent of a parent or legal guardian if you are under 18);
  • Have the legal capacity to enter into a binding contract (if you are accessing the Website on behalf of a business or organization, you must have the authority to bind that entity to these Terms);
  • Provide accurate, complete, and up-to-date information when using the Website (e.g., for account creation, order placement);
  • Comply with all applicable laws, regulations, and these Terms.

2. Website Access & Use Rights

2.1 Grant of Access

Darntougth grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Website for personal, non-commercial purposes (or commercial purposes only if you are a authorized business partner, with prior written consent from Darntougth). This right does not include any resale, redistribution, or commercial exploitation of the Website or its content.

2.2 Prohibited Uses

You may not use the Website for any unlawful, fraudulent, or harmful purpose, or in any way that violates these Terms. Prohibited activities include, but are not limited to:

  • Accessing or attempting to access restricted areas of the Website (e.g., admin panels, customer data databases) without authorization;
  • Using automated tools (e.g., bots, scrapers, crawlers) to collect, extract, or copy content from the Website (unless explicitly permitted by Darntougth in writing);
  • Uploading, posting, or transmitting any content that is illegal, offensive, defamatory, harassing, discriminatory, violent, or contains malware, viruses, or other harmful code;
  • Impersonating Darntougth, its employees, other Users, or third parties (e.g., creating a fake account to mislead others);
  • Manipulating or interfering with the Website’s functionality (e.g., altering product prices, disrupting order processing, bypassing security measures);
  • Using the Website to engage in fraud (e.g., placing fake orders, using stolen payment information, claiming false returns);
  • Sharing or selling access to your Website account (if you create one) to third parties.

3. Account Management (If You Create an Account)

3.1 Account Creation

If you choose to create a User account on the Website, you must:

  • Provide a unique email address and create a secure password;
  • Keep your account information (including password) confidential and secure. You are solely responsible for all activities that occur under your account, even if conducted by a third party without your authorization;
  • Notify Darntougth immediately at [email protected] if you suspect any unauthorized access to your account or a breach of account security.

3.2 Account Termination

Darntougth reserves the right to suspend or terminate your account at any time, with or without notice, if:

  • You violate these Terms (e.g., engaging in prohibited activities, providing false information);
  • Your account is inactive for an extended period (we will provide prior notice via email before terminating an inactive account, where legally required);
  • We believe your account poses a risk to the Website, other Users, or Darntougth’s business.

Upon account termination, you will lose access to your account and any associated data (e.g., order history, saved addresses), though we may retain certain data as required by law (see our Privacy Policy for details).

4. Intellectual Property Rights

4.1 Darntougth’s Intellectual Property

All content on the Website, including but not limited to:

  • Trademarks (e.g., “Darntougth” logo, brand name);
  • Copyrighted material (e.g., product photos, descriptions, blog posts, videos, graphics);
  • Software, code, and design elements of the Website;

is the exclusive property of Darntougth or its licensors. You may not copy, reproduce, modify, distribute, publish, display, or create derivative works from any of this content without the prior written permission of Darntougth.

4.2 User-Generated Content (If Applicable)

If you submit user-generated content to the Website (e.g., product reviews, feedback, comments), you grant Darntougth a non-exclusive, worldwide, royalty-free, perpetual, and sublicensable right to use, reproduce, modify, display, and distribute that content for any legitimate business purpose (e.g., promoting products, improving services). You represent and warrant that:

  • You own or have the necessary rights to submit the content;
  • The content does not infringe on the intellectual property, privacy, or other rights of any third party;
  • The content is accurate, legal, and does not violate these Terms.

Darntougth reserves the right to review, edit, or remove any user-generated content at its discretion, without notice.

5. Website Availability & Limitations

5.1 Website Accessibility

Darntougth strives to keep the Website available 24/7, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable due to:

  • Maintenance, updates, or technical issues;
  • Circumstances beyond our control (e.g., internet outages, cyberattacks, natural disasters).

We will make reasonable efforts to notify Users of planned downtime (via the Website or email, where possible) and restore access as quickly as possible.

5.2 Accuracy of Content

We make every effort to ensure that content on the Website (e.g., product prices, descriptions, availability) is accurate and up-to-date. However, we do not warrant that all content is error-free, complete, or current. We reserve the right to correct any errors, omissions, or inaccuracies on the Website at any time, without prior notice (including after you have placed an order—see our Terms of Purchase for details on order acceptance).

6. Third-Party Links & Services

The Website may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors, shipping carriers). These links are provided for your convenience only and do not constitute an endorsement by Darntougth of the third party or its content. Darntougth has no control over third-party websites or services and is not responsible for their content, privacy practices, or terms of use. You access third-party links at your own risk and should review the third party’s terms and policies before using their services.

7. Disclaimers of Warranties

THE WEBSITE AND ITS CONTENT, FEATURES, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. DARNT OUGHT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT (e.g., we do not warrant that the Website will meet your specific needs, or that products will be free from defects);
  • Warranties regarding the accuracy, reliability, or availability of the Website or its content;
  • Warranties that the Website will be secure, virus-free, or error-free.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DARNT OUGHT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO:

  • Damages from loss of data, profits, or access to the Website;
  • Harm caused by malware, viruses, or unauthorized access to your account;
  • Errors or omissions in Website content;
  • Interruptions to Website access;
  • Claims related to third-party links or services.

DARNT OUGHT’S TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100.

Some jurisdictions do not allow the limitation of liability for certain damages, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Darntougth, its employees, directors, officers, affiliates, and licensors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Website (including any violation of these Terms);
  • Your account activities (even if conducted by a third party);
  • Your user-generated content (e.g., claims of infringement, defamation, or harm);
  • Your violation of any applicable laws or the rights of third parties.

10. Changes to These Terms

Darntougth reserves the right to update or modify these Terms at any time. When we make changes, we will post the revised Terms on the Website and update the “Last Updated” date at the bottom of this page. The updated Terms will take effect immediately upon posting. Your continued access to or use of the Website after the revised Terms are posted constitutes your acceptance of the changes. We recommend reviewing these Terms periodically to stay informed of updates.

11. Contact Us

If you have any questions, concerns, or feedback about these Terms or your use of the Website, please contact our customer service team at: