Terms and Conditions for the Faherty Perks Program

The Faherty Perks 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. You must be at least 18 years old.

BY APPLYING FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE YOU HAVE AGE ELIGIBILITY AND LEGAL ELIGIBILITY TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS"). NO PURCHASE IS NECESSARY TO BECOME A FAHERTY PERKS MEMBER.

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

Individuals can enroll by creating an account while at a Faherty Store or at fahertybrand.com. If you do not enroll in the Faherty Perks Program, you will not be able to accrue and/or redeem Faherty Perks Points. You must provide complete and accurate enrollment information as requested. Faherty reserves the right to refuse membership to any customer who does not follow the enrollment procedures. You may make changes to your personal account contact information, such as name, address, telephone number(s) and/or email address, by visiting Fahertybrand.com and updating your account.

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 Program Terms and Conditions. Faherty reserves the right to disqualify Members who violate any of the Program Terms and Conditions.

Your Faherty Perks profile page can be accessed by logging into your online account at www.fahertybrand.com/account. Here, you can see information related to your Faherty Perks Points, including your membership tier status, the benefits associated with your membership tier; your order history; and current Faherty Perks Point balance or Faherty Perks Point activity. 

Faherty may, in its sole discretion, alter, limit or modify the Program structure or any other feature of the Program, including but not limited to the tiers, Benefits (defined herein), how Points or other benefits are earned, calculated or redeemed; the expiration date of Points or Benefits, or assigning any of its obligations to customers under the Program at any time to another person or entity, without recourse. Faherty reserves the right to change or modify these Terms and Conditions or terminate the Program at any time, for any reason, without prior notice. Faherty will post any additional Program details and updates to Program (including these Terms and Conditions) here and then update the “Last Updated” date above. It is your responsibility to check or review these Terms from time to time to keep informed of any changes. 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.

Under the Program, Faherty awards 1 Faherty Perks point to the member’s account for every U.S. dollar spent on fulfilled orders of merchandise (as applicable based on country of purchase) (“Faherty Perk Point”).

Faherty may offer bonus points events from time to time and in that circumstance the conditions of the bonus points offer will apply. 

You must provide your Faherty Perks registered e-mail address or phone number at the time of purchase to have Faherty Perks Points credited to your account. Membership is non-transferable and Membership purchases must be made by the member. Faherty Perks Points previously credited to your account will be removed if the order that resulted in such points is cancelled or the merchandise is returned. In addition, Faherty Perk Points used towards a purchase that is cancelled or returned only in part will be forfeited and will not be counted towards MVP or Legend Tier attainment. Faherty Perks Points used towards a purchase that is canceled or returned in full will be credited back to the account.

Any reference to "merchandise" or the value of merchandise in these Terms for purposes of collecting Faherty Perks Points includes Faherty products sold online on Faherty.com and in Faherty retail stores. Faherty does not award Faherty Perks Points for Faherty merchandise purchased at any other outlet or location. You do not accumulate Faherty Perks Points for the purchase of e-gift cards, gift cards, ticket purchases for special Faherty events, taxes, or shipping. Perks Points will not be awarded if, in Company’s reasonable opinion, the merchandise or services purchased will be used for resale or commercial use and any Perks Points awarded on such purchases will be forfeited. Additional items may be excluded from Perks Point accumulation or tier achievement at the sole discretion of Company.

Faherty Perks Points themselves have no cash value and are never redeemable for gift cards or e-gift certificates. Faherty Perks Points can only be redeemed towards purchases of Faherty merchandise. 

It's our hope that you redeem your Faherty Perks Points on a regular basis. All unredeemed Faherty Perks Points will expire six (6) months from the date that the point was earned. If you have questions regarding the date of your last Faherty Perks Point activity or your last purchase, check your Faherty Perks page. If you feel Faherty Perks Points have been expired in error, please email Customer Service at hello@fahertybrand.com for assistance. In addition, Faherty Perks Points will automatically expire if your Membership is revoked or otherwise cancelled for any reason.

The Faherty Perks Program has three membership tiers: Friend, MVP, and Legend. All membership tiers enjoy benefits made available by Faherty in its sole discretion from time to time (“Benefits”). 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 Perk (including Benefits as defined at fahertybrand.com/pages/rewards) will be determined by Faherty in its sole discretion. Achieving MVP or Legend tier requires a minimum spend per year, as explained below and shown at fahertybrand.com/pages/rewards. 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.

All members are automatically Friends upon enrollment. Subject to removal from the Program (as explained herein), a member will remain a Friend indefinitely unless the minimum annual spend required to achieve MVP or Legend status is met.

MVP 

MVP status is conferred on those registered Faherty Perks members who spend a minimum of $750 on fulfilled orders of merchandise that are not returned during one calendar year (January 1st -December 31st). MVP status is good for the calendar year in which the Faherty Perks member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify either for MVP status or qualify for Legend status, the member will revert to Friend status.

Legend status is conferred on registered Faherty Perks members who spend a minimum of $2,250 on fulfilled orders of merchandise that are not returned during one calendar year (January 1st - December 31st). Legend status is good for the calendar year in which the Faherty Perks member qualifies and the following full calendar year; after that, annual requalification is required. If a member does not requalify either for Legend status or qualify for MVP status, the member will revert to Friend status.

Tier	Requirements	Benefits
Friend	Free to Join	Birthday Bonus: $20 Free Standard Shipping on Orders $150+
MVP	Spend $750	Birthday Bonus: $30 Early Access to Sales Next Tier Credit: $30 (300 points) Free Standard Shipping on Orders $150+
Legend	Spend $2,250	Birthday Bonus: $50 Early Access to Sales Next Tier Credit: $50 (500 points) Free Standard or 2-Day Shipping

To qualify for redemption, your basket must include a merchandise purchase of $11 or more, including discounts and after any cash redemptions are applied. The $11 minimum purchase requirement excludes past purchases, gift cards, gift wrapping, packaging, taxes, and shipping charges. 

Faherty Perks Points previously credited to your account will be removed if the order that resulted in such points is cancelled or the merchandise is returned. In addition, Faherty Perks Points used towards a purchase that is cancelled or returned will be forfeited and will not be counted towards MVP or Legend Tier attainment.

Redeemed Faherty Perks Points will be re-credited if an order is cancelled by Faherty.

All Faherty Perks members will receive free standard shipping within the U.S. on all qualifying online purchases of $150+. The standard shipping benefit is not valid on international shipping. You must check out with a valid Faherty Perks account to receive the standard domestic shipping Benefit. 

Members received a Birthday Bonus if they enter their birthday information when they set up their account. If You do not enter your birthday information, Faherty does not have the information to award the Birthday Bonus. Customers can only add their Birthdays at the time of account creation, or later by a Customer Experience (CX) team member upon request.

Faherty often permits Members to earn Perks Points for leaving a review and/or posting a review with a photo. Members who want to earn points for leaving reviews, with or without photos, must be logged in to their account when submitting a review to ensure points are credited, regardless of whether they use the email link or the website directly.

When you advance a loyalty Tier, you will automatically receive the following points added to your account:

Faherty values your privacy. BY SUBMITTING AN APPLICATION FOR MEMBERSHIP IN THE PROGRAM, YOU AGREE TO BE BOUND BY FAHERTY'S APPLICABLE PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. As is explained in our privacy policies, we use, and retain the information we collect to, among other things, update, expand, and analyze our records, identify new customers, or detect or prevent fraud, including attempts to manipulate accumulated Faherty Perks Points and benefits or to violate these Terms.

By submitting an application for Membership in the Program, you agree to receive advertising, marketing materials and other communications from Faherty. By signing up to join the Program, you will automatically be subscribed to receive Program emails and will be added to the list and will receive all marketing emails. However, Faherty Perks Program participation does not require ongoing consent to receive marketing emails of SMS. 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.faherty.com, emailing Customer Service at hello@fahertybrand.com or calling customer service at 1-877-745-8994. You may also use the “unsubscribe” link located at the bottom of the Faherty emails you receive. If you opt-out of marketing emails, you will not receive notifications about the pending expiration of your points. Please note that if you opt out of receiving marketing and/or promotional communications, the only emails you will receive from Faherty will be in connection with products you have browsed and orders that you initiate with Faherty, including order confirmation, cancelation notices, delivery information and solicitations for product reviews. 

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

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

You will forfeit all your existing Faherty Perks Points, tier status, and tier benefits.

You will no longer accrue Faherty Perks Points on purchases.

Your Perks Point use and accrual history will be deleted. 

Closing your Faherty Perks account will not affect open orders or returns. Closing your Faherty Perks Points account will not act as an opt out of Faherty marketing, including emails, SMS, and push notifications. 

Termination or Removal from Program: Faherty reserves the right to exclude individuals from the Program, remove Faherty Perks Points 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 Perks Points 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 Perks Points and order fulfillment. If your Membership is revoked or otherwise cancelled, any Faherty Perks Points in your account will automatically expire. 

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.

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 (OR, IF YOU ARE AN ELIGIBLE MINOR 18 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) 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.

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.

These Terms and Conditions, the relationship between you and the Company, and Company’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. To the extent the Arbitration provision below is deemed to not apply in any circumstance, 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 Perks Points. 

If a dispute arises between you and Faherty, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by corresponding with our customer service by email, hello@fahertybrand.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

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.

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, REGARDLESS OF WHEN SUCH CLAIM AROSE (EACH, A “CLAIM”), INCLUDING BUT NOT LIMITED TO: 

CLAIMS ARISING OUT OF OR RELATING TO THE FAHERTY PERKS POINTS PROGRAM, FAHERTY WEBSITES, TO THE USE OR ACCESS THEREOF, TO OUR ADVERTISING, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD BY FAHERTY AND/OR TO THESE TERMS AND CONDITIONS; 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.

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

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 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). 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. 

Timing of Claims: Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of products/services) 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:

Arbitration: You and Faherty agree that if you have not filed the alleged claim in small claims court, to resolve any claims 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). Under such circumstances 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. Arbitration under this agreement shall be held in New York, subject to New York law. 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. The JAMS Rules and instructions for how to initiate an 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, except that for claims of less than $1,000, you will be obligated to pay $25 and Faherty will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Faherty will reimburse you for the $25 fee if the arbitrator rules in your favor. 

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 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. 

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. If the award is issued in the defending party's favor, or in the other party’s favor but is less than the defending party’s settlement offer, then the other party must pay the defending party’s costs incurred after the offer was made, including any attorney’s fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the Claim maybe entitled for the cause of action under which it is suing.

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. 

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. Such written notice does not constitute an opt out of any previous versions of the arbitration clause, or the Class Action Waiver.

The provisions of this Program 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 the Program Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

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 our California Notice of Financial Incentive page.

 

Faherty's failure to insist upon or enforce strict compliance with any provision of these Program Rules 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 Program Rules will limit Faherty from exercising any legal rights or remedies that it may have.

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

These Program Rules and the Faherty Privacy Policy referenced herein constitute the entire understanding between you and Faherty with respect to the Program.

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 the Program Rules or other statements contained in any related materials or advertising, the terms of the then-current Program Rules shall prevail, govern, and control.

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