Terms and Conditions for Postcard by Faherty

Faherty Loyalty Program Terms and Conditions

Last Updated: May 26, 2026

Effective Date: May 27, 2026

Membership & Eligibility

The Faherty Loyalty Program (“Program”) is a free rewards program offered by Faherty Brand, LLC (“Faherty”) to its customers. Membership in the Program (“Membership”) is limited to individuals only and is limited to one account per individual. To participate, you must be a legal resident of the fifty United States or the District of Columbia and at least 18 years old or the age of majority in your state of residence, whichever is older. Employees of Faherty are not eligible to participate in the Program. Eligible members may earn Stamps (as defined below), access tier-based benefits, complete eligible Challenges, redeem rewards, and participate in other Program opportunities made available by Faherty from time to time. Faherty may refuse, merge, suspend, or terminate any Membership if Faherty determines that a person is ineligible, has created multiple accounts, or has otherwise violated these Terms. When accessing the Loyalty Program or the Faherty Website, you are also subject to the applicable Faherty Terms of Use. To the extent there are conflicts between this Faherty Loyalty Program Terms and Conditions and the Faherty Terms of Use, this Agreement will control.

BY ENROLLING IN THE PROGRAM, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). NO PURCHASE IS NECESSARY TO BECOME A FAHERTY LOYALTY PROGRAM MEMBER.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

Enrollment and Acceptance of Terms and Conditions

Individuals can enroll by creating an account while at a Faherty Store or at fahertybrand.com. If you do not enroll in the Faherty Loyalty Program, you will not be able to accrue and/or redeem Stamps. You must provide complete and accurate enrollment information as requested. Membership is non-transferable. Faherty reserves the right to refuse membership to any customer who does not follow the enrollment procedures. 

By participating in the Program, Member agrees to the terms and conditions, rules, regulations, policies and procedures of the Program, including, without limitation, these Terms and Conditions and the provisions below dealing with requirements and limitations for dispute resolution and resolution of all disputes on an individual (i.e., non-class action) basis. Each Member is responsible for remaining knowledgeable about the Terms and Conditions. Faherty reserves the right to disqualify Members who violate any of the Terms and Conditions.  Any references in prior communications, account histories, or earlier versions of these Terms to “Faherty Perks” or “Perks” as a loyalty currency shall mean “Stamps” under these updated Terms.

Your Faherty Loyalty Account Information

You can access your Faherty Loyalty Program profile page by logging into your online account at www.fahertybrand.com/account. Through your profile page, you can view account information related to your Stamps, including your membership tier status, the benefits associated with your membership tier, your order history, and your current Stamp balance and Stamp activity. You can also update your personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting Fahertybrand.com and updating your account.

Faherty’s Right to Change/Cancel Program and/or Terms 

Faherty may, in its sole discretion and subject to applicable law, modify, limit, suspend, or terminate the Loyalty Program or any Loyalty Program feature at any time, including Tiers, Benefits (defined herein), Challenges, Stamp earning rates, redemption rules, expiration rules, eligibility requirements, and available rewards. Faherty may also modify these Terms and Conditions at any time by posting updated Terms and Conditions and updating the “Last Updated” date above. Changes will be effective when posted unless otherwise stated. Faherty may at its discretion also include information about any changes in email communications. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

EARNING AND REDEEMING STAMPS IN THE LOYALTY PROGRAM

Stamps Earned Through Purchase

Under the Loyalty Program, Faherty awards 1 Faherty Stamp to the member’s Loyalty account for every U.S. dollar spent on fulfilled orders of eligible merchandise (applicable only in the U.S.) after discounts, rewards, credits, taxes, shipping charges, and other excluded amounts (“Faherty Stamp”). You must provide your Faherty Loyalty Program registered e-mail address or phone number at the time of purchase to have Stamps credited to your account.

Membership purchases must be made by the member. Stamps previously credited to your account will be removed if the order that resulted in such Stamps is cancelled or the merchandise is returned. In addition, Stamps, rewards, or discounts used toward a purchase that is cancelled, returned, reversed, rejected, deemed ineligible, or otherwise non-qualifying may be forfeited, deducted, reversed, reissued, re-credited, or adjusted by Faherty in its discretion, subject to applicable law, Faherty’s systems and policies, and applicable expiration rules, and will not be counted toward Connoisseur, Devotee, or Legend Tier attainment.

Any reference to “merchandise” or the value of merchandise in these Terms for purposes of collecting Faherty Stamps includes Faherty products sold online on Fahertybrand.com and in Faherty retail stores. Faherty does not award Faherty Stamps for Faherty merchandise purchased at any other outlet or location, including through the Second Wave resale platform, unless Faherty expressly offers Stamps for a specific Second Wave Challenge or promotion. You do not accumulate Faherty Stamps for ticket purchases for special Faherty events, taxes, or shipping. Stamps will not be awarded if, in Faherty’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Stamps awarded on such purchases will be forfeited. Additional items may be excluded from Stamp accumulation or tier achievement at the sole discretion of Faherty.

Faherty may offer bonus Stamp events, double Stamp events or other earning opportunities from time to time, including social, community, resale, content-submission, survey, referral, or other engagement activities, subject to verification and approval as further described in these Terms. 

Stamps themselves have no cash value and are never redeemable for gift cards or e-gift certificates. 

Loyalty Discount Awards and Rules 

Stamp Expiration

We hope that you redeem your Stamps on a regular basis. All unredeemed Stamps will expire twelve (12) months from the date that the Stamp was earned, unless earlier forfeited, deducted, redeemed, or expired under these Terms. If you have questions regarding the date of your last Stamp activity or your last purchase, check your Faherty Loyalty Program profile page. If you feel Stamps have been expired in error, please email Customer Service at hello@fahertybrand.com for assistance. In addition, Stamps will automatically expire if your Membership is revoked or otherwise cancelled for any reason.

MEMBERSHIP TIERS 

The Faherty Loyalty Program has four membership tiers: Enthusiast, Connoisseur, Devotee, and Legend. All membership tiers enjoy benefits made available by Faherty in its sole discretion from time to time (“Benefits”).

How Tiers Work

Loyalty tiers are determined by the individual Member’s eligible spend over a rolling 12-month period. Members earn tier status when they reach each spend threshold and maintain that tier status only while their eligible spend during the immediately preceding 12 months continues to meet the required spend threshold.

What This Means

• Tiers are based on cumulative spend over a rolling 12-month period (not a calendar year).

• When the individual Member qualifies for a new tier, they immediately unlock that tier’s benefits.

• Tier status is calculated on a rolling basis using eligible spend during the immediately preceding 12 months.

• If the Member’s eligible spend falls below a tier threshold during the rolling 12-month period, their tier will adjust to the tier that corresponds to their then-current eligible spend.

Example

Member spends $1,200 between March 2025 and March 2026 and qualifies for Tier 3, Devotee. This Member will receive $25 off Reward for the Devotee Tier (and will not receive a $10 off Award for having passed through Connoisseur). If by March 2027 the member’s trailing 12-month eligible spend (March 2026 through March 2027) remains above $1,000, they will remain in Tier 3. If their trailing 12-month eligible spend drops below the $1,000 threshold, the member is moved to Tier 1 or Tier 2 based on their then-current eligible spend.

These Benefits do not have any cash value and are not transferable. Benefits may vary by tier and certain tiers may have more Benefits than other tiers. The type, timing and availability of any Benefit will be determined by Faherty in its sole discretion. Achieving Connoisseur, Devotee, or Legend tier requires minimum eligible spend over a rolling twelve-month period, as explained below and shown at https://fahertybrand.com/pages/loyalty. Faherty may, in its sole discretion, alter, limit, or modify the tier rules, regulations, benefits, eligibility for membership, or any other feature of a particular tier or may terminate a particular tier at any time in its sole discretion, without prior notice except as expressly set out in these Terms or required by applicable law. Tier status is evaluated on a rolling basis and may adjust if the member’s eligible spend falls below or rises above the applicable threshold.

Enthusiast

All members are automatically Enthusiasts upon enrollment. Subject to removal from the Program (as explained herein), a member will remain an Enthusiast unless the minimum rolling twelve-month eligible spend required to achieve Connoisseur, Devotee, or Legend status is met.

Connoisseur 

Connoisseur status is conferred on those registered Faherty Loyalty Program members who accumulate between $500 and $999.99 in eligible spend over a rolling twelve-month period. If a member no longer meets the Connoisseur threshold, the member may revert to Enthusiast status.

Devotee

Devotee status is conferred on registered Faherty Loyalty Program members who accumulate between $1,000 and $2,249.99 in eligible spend over a rolling twelve-month period. If a member no longer meets the Devotee threshold, the member may revert to the tier that corresponds to their current eligible spend.

Legend

Legend status is conferred on registered Faherty Loyalty Program members who accumulate $2,250 or more in eligible spend over a rolling twelve-month period. If a member no longer meets the Legend threshold, the member may revert to the tier that corresponds to their current eligible spend.

REWARD REDEMPTION AND AUTO-ISSUANCE

Members may redeem Stamps for eligible order discounts up to a maximum reward value of $50 per redemption, unless Faherty states otherwise for a specific offer or promotion. A redeemed order discount must be used within 30 days after activation and expires if not used within that period. Loyalty discounts cannot be redeemed for cash, gift cards, store credit, or e-gift cards and cannot be used to purchase gift cards. Loyalty discounts may be combined with other offers only where permitted at checkout and, unless Faherty states otherwise, may not exceed $50 in total loyalty discount value per redemption. Referral, referee, birthday, tier upgrade, quarterly discount, and other rewards may have separate terms, minimum purchase requirements, expiration periods, exclusions, and stackability rules, which will be disclosed with the applicable reward. The full value of the Rewards redeemed will be removed from your account even if the cart value is lower than the Rewards value.

Quarterly $50 Auto-Issuance 

Quarterly discounts are awarded April 1, July 1, October 1, and January 1 to Members who meet the 1,000 Stamp threshold in their Loyalty accounts as of the last day of the previous quarter. If you receive the discount, Faherty will deduct 500 Stamps from your Loyalty account and notify you via email with a 30-day redemption window.

Cancellation and Returns

Stamps previously credited to your account will be removed if the order or activity that resulted in such Stamps is canceled, returned, reversed, rejected, deemed ineligible, or otherwise non-qualifying. Stamps, rewards, or discounts used toward a canceled or returned purchase may be forfeited, deducted, reversed, reissued, or adjusted by Faherty in its discretion, subject to applicable law. Returned, canceled, fraudulent, commercial, resale, or ineligible transactions will not count toward tier status. Redeemed Stamps may be re-credited if an order is canceled by Faherty, subject to Faherty's systems, policies, and applicable expiration rules.

CERTAIN TIER BENEFITS AND BENEFITS EXPLAINED

Standard Domestic Shipping Benefit

Enthusiast, Connoisseur, and Devotee members will receive free standard shipping on qualifying U.S. online purchases of $150 or more, excluding taxes, gift cards, shipping charges, and other excluded amounts. Legend members will receive free 2-day shipping on qualifying U.S. online purchases, subject to availability and shipping restrictions disclosed at checkout. The standard shipping and 2-day shipping Benefits are not valid on international shipping. You must check out with a valid Faherty Loyalty Program account to receive the applicable shipping Benefit. 

Birthday Bonus

Members receive a Birthday Bonus if they enter their birthday information when they set up their account or through the “Add Your Birthday” action. Addition of your birthday information must be completed more than thirty (30) days before the date of your birthday to receive the reward in that calendar year. If you do not enter your birthday information, Faherty does not have the information to award the Birthday Bonus. Adding your birthday may also qualify you to earn Challenge Stamps if Faherty offers that Challenge. Birthday rewards expire 30 days after receipt, cannot be used on gift cards, and are subject to additional terms disclosed with the reward.

Referral Rewards

Faherty may offer referral rewards through the Program from time to time. Unless otherwise stated in the applicable offer, eligible referral rewards and referee rewards are $50 off a qualifying purchase of $150 or more. Referral rewards are available only through referral links, codes, or sharing methods provided or approved by Faherty and are subject to the terms and disclosures presented with the applicable referral offer. Rewards are subject to verification and may be limited, withheld, reversed, or canceled for, among other reasons, fraud, self-referral, duplicate accounts, shared household, contact, shipping, payment, device, network, account, or other identifying information, reciprocal referrals, bulk or automated activity, public coupon posting, paid advertising, commercial referral activity, abuse, canceled transactions, returned purchases, or non-qualifying activity. Unless otherwise stated in the applicable offer, referral rewards are earned only after the referred customer completes a qualifying purchase and the transaction is verified by Faherty.

CHALLENGES AND ENGAGEMENT ACTIVITIES

Faherty may offer Challenges and engagement activities allowing members to earn Stamps by completing specified actions, including following the activities on the chart below, or other activities as determined by Faherty from time to time. Each Challenge is subject to the instructions, eligibility rules, earning value, repeatability limits, approval requirements, and availability periods disclosed for that Challenge. Faherty may require proof of completion, review submissions before issuing Stamps, and reject incomplete, duplicate, fraudulent, misleading, inappropriate, unsafe, unlawful, brand-inconsistent, or non-qualifying submissions. For product reviews, Faherty will not reject an otherwise qualifying review solely because it is negative or critical. Unless otherwise stated, repeatable Challenge rewards are limited to one approved submission per applicable repeat period. Current launch Challenges include the following (subject to change at any time):

Faherty may update Challenges, Stamp values, repeatability limits, and approval requirements at any time. Unless otherwise stated in the applicable Challenge details, Stamps for approved Challenges will be posted to the member’s account after Faherty verifies completion, which may take up to 2 days.

Member Submissions and Content for Challenges 

By submitting any photo, video, review, caption, story, testimonial, text, receipt, social media handle, image, or other content through the Program or in connection with a Challenge ("Member Content"), you represent and warrant that (i) you own or have all necessary rights to submit the Member Content; (ii) the Member Content is truthful, accurate, and lawful; and (iii) the submission does not infringe any third-party rights or violate any applicable law.  By submitting Member Content, you grant Faherty and its affiliates, service providers, licensees, successors, and assigns a worldwide, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, display, publish, distribute, edit, adapt, repost, and otherwise use the Member Content in any media or channel, including websites, emails, social media, advertising, retail, and marketing materials, without further notice, consent, or compensation to you.  Faherty has no obligation to use, approve, publish, retain, return, or compensate you for Member Content and may remove or reject any Member Content at any time for any reason. Submission of Member Content does not guarantee Stamps, rewards, or Benefits. 

Share Your Faherty Fit

These submissions must feature authentic Faherty product and comply with brand content guidelines.

Second Wave Challenge

For the Buy or Sell on Second Wave Challenge, qualifying transactions must be completed through the official Second Wave resale platform and Member must submit the purchase or sale receipt for verification. Returned, canceled, fraudulent, incomplete, or unverifiable transactions do not qualify. 

Moment of Kindness and Share Your Environmental Impact

These submissions must reflect a genuine personal experience and content may be reviewed prior to approval. Sharing a moment of kindness may include: 

• Helping a neighbor, friend, or family member with an everyday task or errand. 

• Buying a coffee, meal, or small treat for someone else. 

• Checking in on someone having a difficult day or offering words of encouragement. 

• Volunteering time or participating in a local community cleanup or charitable event. 

• Donating clothing, food, or household items to a local nonprofit or community organization. 

MONTHLY PRODUCT SWEEPSTAKE.

Faherty may offer a monthly product sweepstakes through the Program. The Sweepstakes is open only to legal residents of the fifty United States and the District of Columbia who are at least eighteen (18) years old or the age of majority in their state of residence, whichever is older, at the time of entry, and who are members of Faherty’s Loyalty Program. Loyalty Program participants with negative Stamp balances are not eligible to enter the sweepstakes and such entries will be removed from consideration. Employees, officers, and directors of Faherty, its parents, subsidiaries, affiliates, and prize suppliers, and each of their immediate family members and household members, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. 

Each monthly sweepstakes begins at 12:00:00 a.m. Eastern Time on the first day of the applicable calendar month and ends at 11:59:59 p.m. Eastern Time on the last day of that calendar month (each, a “Monthly Sweepstakes Period”). Each Monthly Sweepstakes Period is a separate sweepstakes and is subject to these Official Rules as posted for that Monthly Sweepstakes Period. Faherty’s computer is the official timekeeping device for the Sweepstakes.

Entries do not carry over from one Monthly Sweepstakes Period to another. Eligible Loyalty Program participants will have an opportunity to enter at the start of each Monthly Sweepstakes Period.

Subject to the applicable Official Rules, there are two ways to receive entries during each Monthly Sweepstakes Period.

A. Free Entry. Each eligible Faherty Loyalty Program participant may claim one (1) free entry into the applicable Monthly Sweepstakes Period. No purchase, payment, loyalty stamp redemption, activity, challenge completion, or other action is required to claim or use this free entry.

B. Bonus Entry Block Through Loyalty Stamp Redemption. Subject to the applicable Official Rules, during a Monthly Sweepstakes Period, an eligible Faherty Loyalty Program participant may redeem exactly fifty (50) loyalty stamps to receive one block of fifty (50) entries into that Monthly Sweepstakes Period. The bonus entry block is all-or-nothing. No partial bonus entry block is available. The applicable Official Rules will provide any free alternate method of entry required by law for bonus entries and will govern entry limits, prize details, odds, winner selection, and all other sweepstakes terms.

Please review the Faherty Monthly Product Sweepstakes Rules https://fahertybrand.com/pages/terms-conditions-for-postcard-monthly-sweepstakes for the complete terms that apply to the Monthly Product Sweepstakes. 

Agreeing to Faherty's Privacy Policy & Email

Faherty values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY FAHERTY’S APPLICABLE PRIVACY POLICY, AVAILABLE AT https://fahertybrand.com/pages/privacy-policy, AND OUR WEBSITE TERMS OF USE (available at: [insert Terms of Use link]). As explained in our privacy policy, Faherty may collect and use account information, purchase history, birthday information, Challenge submissions, Member Content, referral activity, preferences, survey responses, and other information provided through the Program to operate, personalize, administer, analyze, and improve the Program, provide rewards and Benefits, detect or prevent fraud, and market Faherty products and services, as further described in the Privacy Policy.

Communications with Faherty; How to Opt Out

By enrolling in the Program, you agree to receive advertising, marketing materials, and other communications from Faherty, including Program communications about Stamps, rewards, reward expiration, Challenge status, tier status, sweepstakes opportunities, Program changes, and Program administration, subject to applicable law and your communication preferences. By signing up to join the Program, you will automatically be subscribed to receive Program emails and marketing emails, subject to applicable law and your opt-out rights.

If you do not wish to receive marketing and promotional communications, you can request that they be discontinued by updating your client profile at www.fahertybrand.com, emailing Customer Service at hello@fahertybrand.com, or calling customer service at 1-877-745-8994. If you opt out of marketing communications, you may not receive certain Program notices, including pending Stamp or reward expiration notices, unless those notices are required or otherwise treated as transactional communications by Faherty. Please note that opting out of marketing and/or promotional communications will not affect transactional, account, order, legal, or other non-promotional communications from Faherty.

If you choose to close your Faherty Loyalty Program account, you can do so by contacting Faherty at hello@fahertybrand.com. Faherty Loyalty Program accounts that are closed can be re-opened upon request by contacting customer service. If you close your Faherty Loyalty Program account, you must agree to the terms of closure:

1. You will no longer be able to log into your account and Faherty will not be able to access your account in Faherty stores.

2. You will forfeit all your existing Stamps, tier status, and tier benefits.

3. You will no longer accrue Stamps on purchases.

4. Your Stamp use and accrual history will no longer be available in your account and may be retained by Faherty as required or permitted by law and Faherty’s policies. 

Closing your Faherty Loyalty Program account will not affect open orders or returns. Closing your Faherty Loyalty Program account will not act as an opt out of Faherty marketing, including emails, SMS, and push notifications, which are subject to separate consent and opt-out methods. 

Termination or Removal From Program, Account Closure

Faherty reserves the right to exclude individuals from the Program, remove Faherty Stamps from a member’s account and/or cancel orders that are not consistent with Faherty policy in its sole discretion. In particular, any abuse, manipulation or “gaming” of the Program or its rules (as determined by Faherty), including failure to follow any terms of the Program, including, but not limited to the eligibility requirements, Membership inactivity for more than 12 months, any misrepresentation or any conduct detrimental to the interests of Faherty not otherwise protected by law, may subject members to Membership revocation or deduction of Faherty Stamps obtained through these abusive or manipulative activities. Faherty uses a third-party provider to monitor purchases and identify activities that violate the terms of the Program or Faherty policy. Faherty uses this data to help it make decisions regarding participation in the Program, awarding of Faherty Stamps and order fulfillment. If your Membership is revoked or otherwise cancelled, any Faherty Stamps in your account will automatically expire. 

Taxes

Member is responsible and liable for any applicable federal, state or local income, sales, use or other taxes which may result from Member's participation in the Program.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FAHERTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON FAHERTY'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM FAHERTY AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.

Faherty is not responsible for (a) any loss or misdirection of, or delay in receiving, any application, redemption requests, Stamps or Benefits; (b) theft or unauthorized redemption of Stamps or Benefits or use of Stamps or Benefits; (c) any acts or omissions of third parties; or (d) any errors made or published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the adding, subtracting, crediting, and/or debiting of Stamps or Benefits. Faherty reserves the right to correct (with or without notice) any such errors.

Intellectual Property

All Program design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Company Intellectual Property”) are owned by Faherty and may be registered in the United States and internationally.

Resolving Disputes

If a question or issue should arise between you and Faherty, our customer service team is available by emailing hello@fahertybrand.com or by calling 1-877-745-8994.

If your dispute cannot be resolved using our customer service team, the dispute resolution provisions below describe how you and Faherty will proceed.

Governing Law 

These Terms and Conditions, the relationship between you and Faherty, and Faherty’s Program, shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions, except to the extent applicable law requires otherwise. To the extent the Arbitration provision below is deemed to not apply in any circumstance, and subject to applicable law, the competent courts located in New York, New York shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to your Faherty Stamps or the Program. 

Dispute Resolution 

Before initiating a formal Claim, you and Faherty agree to use the informal dispute resolution process described below.

This section describes how Claims will be resolved if the informal process does not resolve them.

PLEASE READ THIS ENTIRE DISPUTE RESOLUTION SECTION CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER AND REQUIRES AN INFORMAL DISPUTE RESOLUTION PROCESS, AND IF UNSUCCESSFUL, ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS UNLESS YOU FILE YOUR ACTION IN SMALL CLAIMS COURT. THIS SECTION LIMITS THE MANNER IN WHICH YOU AND FAHERTY CAN SEEK RELIEF FROM EACH OTHER. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE CERTAIN CLAIMS ON AN INDIVIDUAL BASIS. 

NO CLASS ACTIONS, COLLECTIVE ACTIONS, CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, CLASS ARBITRATIONS, COLLECTIVE ARBITRATIONS, CONSOLIDATED ARBITRATIONS, OR REPRESENTATIVE ARBITRATIONS ARE ALLOWED UNDER THESE TERMS AND CONDITIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROCEDURES AND OTHER TERMS SET FORTH IN THIS DISPUTE RESOLUTION SECTION APPLY TO ANY AND ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND FAHERTY, ITS PARENTS, AFFILIATES, AND SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, EQUITY HOLDERS, REPRESENTATIVES, AGENTS, AND/OR RELATED COMPANIES, ARISING OUT OF OR RELATING TO THE PROGRAM, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO: 

CLAIMS ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR MEMBERSHIP, STAMPS, REWARDS, BENEFITS, CHALLENGES, PROGRAM ACCOUNT ADMINISTRATION, PROGRAM COMMUNICATIONS, OR PURCHASES OR TRANSACTIONS THROUGH WHICH STAMPS, REWARDS, OR BENEFITS ARE EARNED, REDEEMED, REVERSED, FORFEITED, OR ADJUSTED; CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT; CLAIMS THAT WOULD OTHERWISE BE SUBJECT TO PRE-EXISTING CLASS ACTION LITIGATION FOR WHICH YOU MAY BE A PUTATIVE CLASS MEMBER; AND CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THIS AGREEMENT. FOR CALIFORNIA CONSUMERS, THE DISPUTE RESOLUTION TERMS AND CONDITIONS OF THESE TERMS ARE LIMITED TO THE USE, PAYMENT, OR PROVISION OF THE GOODS, SERVICES, MONEY, OR CREDIT PROVIDED BY THESE TERMS TO THE EXTENT REQUIRED BY APPLICABLE LAW.

This entire Dispute Resolution section shall survive termination of this agreement, the Faherty Stamps Program, and/or the parties’ relationship or the end of your use of Faherty Websites. 

A. Mandatory Informal Pre-Suit Resolution

Faherty values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit or serving any arbitration demand relating to a Claim, you agree to first send a detailed notice (“Notice”) to Faherty by email at hello@fahertybrand.com or by mail to Faherty Brand, LLC, 180 Maiden Lane, 40th Floor, New York, New York, 10038, to the fullest extent permitted by applicable law, within one year of the circumstances out of which your claim arises. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone numbers; (4) your email address; (5) information sufficient for Faherty to identify the reason for your claim, including any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. Likewise, Faherty agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Faherty’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue; and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for any desired monetary relief. 

You and Faherty agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice to resolve it to satisfaction without the need for a formal proceeding. Should Faherty request a telephone conference with you in an effort to resolve your claim as part of this informal process, you agree to personally participate (with your counsel if you are represented). To the fullest extent permitted by applicable law, compliance with and completion of this Mandatory Informal Pre-suit Resolution process is a condition precedent to filing any lawsuit or serving an arbitration demand. You and Faherty agree that any action commenced in court or arbitration without first exhausting the Mandatory Informal Pre-Suit Resolution process shall be defective and subject to dismissal at the cost of the party found to have prematurely commenced the action, unless applicable law requires otherwise. 

Timing of Claims: To the fullest extent permitted by applicable law, any cause of action or claim you may have with respect to the Program (including, but not limited to, the earning, redemption, reversal, forfeiture, or adjustment of Stamps, rewards, or Benefits) must be commenced within one (1) year after the claim or cause of action arises.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING ARBITRATION PROVISIONS:

B. Arbitration

Arbitration: You and Faherty agree that if you have not filed the alleged Claim in small claims court, to resolve any Claim relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Faherty’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), Faherty may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the Site or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

What Is Arbitration: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Arbitration Procedures: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or Claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures and, where applicable and expressly adopted by these Terms, the JAMS Mass Arbitration Procedures and Guidelines. Arbitration under this agreement shall be held in New York, subject to New York law, except that the arbitration may proceed by video conference, telephone, documents-only submission, or in another location where required to avoid precluding a consumer’s access to arbitration or as otherwise required by applicable law or JAMS rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern, except to the extent applicable law or mandatory JAMS consumer standards require otherwise. The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at  http://www.jamsadr.com or 1-800-352-5267. 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules and applicable JAMS consumer standards. To the extent required by applicable JAMS consumer standards, when you initiate arbitration against Faherty, the only arbitration fee you will be required to pay is the consumer fee required by JAMS, and Faherty will pay all other JAMS filing, case management, administration, and arbitrator fees. If Faherty initiates arbitration against you, Faherty will pay all costs associated with the arbitration to the extent required by applicable JAMS consumer standards. 

Authority of Arbitrator: The arbitrator will decide the rights and liabilities, if any, of you and Faherty. The arbitrator shall have the authority to grant motions that dismiss or grant all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and/or the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Faherty.

Class Action and Jury Trial Waiver: You agree to resolve any dispute with Faherty on an individual basis. You agree that you will not bring a claim as a plaintiff in a class action or as a class member in a class, consolidated, or representative action. You also will not file a class arbitration or private attorney general action or attempt to consolidate your arbitration with any other arbitration, whether through class arbitration proceedings or otherwise. To the fullest extent permitted by applicable law, if any Claim proceeds in court rather than arbitration, you and Faherty each waive any right to a jury trial. 

In any dispute, neither you nor Faherty will be entitled to join or consolidate claims by or against any other visitor to the Site in Court or in arbitration. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction in New York.

In any arbitration, the defending party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. The arbitrator may award costs or attorneys’ fees only to the extent permitted by applicable law, the JAMS Rules, and applicable JAMS consumer standards, including where the arbitrator determines that a Claim or defense was frivolous or brought in bad faith.

Small Claim Court Exception

Notwithstanding the parties’ agreement to resolve all Claims through the informal resolution process or arbitration (i) either you or Faherty may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either you or Faherty may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information. The route to small claims court shall only be the result of a direct filing by you or Faherty. As set forth above, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration. 

Opt-Out

Within thirty (30) days of agreeing to these Terms and Conditions, you may opt out of the present version of the Arbitration Clause by sending your personally signed, written notice to the following address: Faherty Brand, LLC, 180 Maiden Lane, 40th Floor, New York, New York, 10038, or by emailing your personally signed, written notice to hello@fahertybrand.com with the subject line “Arbitration Opt-Out.” Such written notice does not constitute an opt out of any previous versions of the arbitration clause or, unless required by applicable law, the Class Action Waiver.

Severability

The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Faherty, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions; provided that, if the Class Action Waiver is found unenforceable as to any Claim, the arbitration agreement shall not apply to that Claim unless applicable law requires otherwise.

California Notice of Financial Incentive

Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit: [insert link to California Notice of Financial Incentive]

 

No Waiver

Faherty’s failure to insist upon or enforce strict compliance with any provision of these Terms shall not be construed as a waiver of any provision or right and will not prevent Faherty from enforcing such right or provision in the future. Nothing in these Terms will limit Faherty from exercising any legal rights or remedies that it may have.

Headings

The headings for each of these Terms are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms.

Complete Understanding

These Terms and the Faherty Privacy Policy referenced herein constitute the entire understanding between you and Faherty with respect to the Program, except that specific Challenges, promotions, sweepstakes, rewards, offers, or Benefits may be subject to additional terms disclosed with that offer or promotion. For any sweepstakes conducted through or in connection with the Program, the applicable Official Rules will govern that sweepstakes to the extent of any conflict with these Terms.

Errors or Inconsistencies

Despite our best efforts to ensure accuracy, errors may occasionally occur. We reserve the right to correct such errors at any time, even if it affects pending benefits in your account. In the event of any inconsistency or discrepancy between these Terms or other statements contained in any related materials or advertising, the terms of the then-current Terms shall prevail, govern, and control.

Additional Information on the Program

If you have any questions regarding the Program, you may email Customer Service at hello@fahertybrand.com.