Terms of Use

Last Updated: October 31, 2025

Welcome to Faherty Brand, LLC’s website (“Site”). Faherty Brands, LLC (“Faherty”) offers this Site as a service to our customers. The following Terms of Use ("Terms”) set forth the basic rules that govern your use of this Site and your generated or provided content (“User Content”). This Site includes all affiliated sites, mobile apps, and social media pages. Please read these Terms. Any use by you of Faherty.com indicates your understanding and agreement with these Terms.

THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.

TABLE OF CONTENTS

1. Introduction and Age Requirements.    
2. Intellectual Property and Site Content.    
3. User Comments and Other Submissions.    
4. License to User Content.    
5. No Endorsement or Liability for User-Generated or Third-Party Content.    
6. Third-Party Links.    
7. Copyrights and the DMCA.    
8. Your Representations    
9. Enrollment, Accounts and Passwords.    
10. Site Updates.    
11. Shopping Online and Product and Pricing Information.    
12. Returns & Resale of Product.    
13. Limitations on Liability and Disclaimer.    
14. Indemnification.    
15. Disabling Your Account.    
16. Choice of Law.    
17. Notice.    
18. Privacy Notice.    
19. Payment Processing.
20. Disputes.
21. Miscellaneous
22. New York Use
23. Notice for California Users
24. Electronic Signatures
25. Questions.    

1. Introduction and Age Requirements.

Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. If you do not agree to the Terms, you may not use this Site.

Age Requirements for General Use and Purchasing: You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into, and comply with, the terms set forth in this Agreement. By placing an order, you represent and certify you are legally able to enter into any and all purchase agreements with Faherty and our partners, vendors, agents and service providers.

Children’s Privacy: Faherty is a general audience Site and does not direct any of our content at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, please discontinue use of this Site. We understand and respect the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account.

2. Intellectual Property and Site Content.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to Faherty.

Specifically, the trademarks, trade names, trade dress, logos, domain names, and service marks (collectively, the "Trademarks") displayed on this Site are the registered and/or unregistered Trademarks of Faherty, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in these Terms grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of Faherty or such third party that may own the displayed Trademarks.

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site ("Content") are all subject to patent, copyright, trademark and/or other intellectual property protection. You may not copy or modify Content for commercial use or distribution, processing, or reposting to other websites. Access to and use of this Site are solely for your purchase/use of Faherty products and/or services for personal use, information, education, entertainment, and communication with Faherty. You may download, copy or print the Content of this Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from Faherty and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material.

3. User Comments and Other Submissions.

Please do not send Faherty any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information (“Unsolicited Ideas”). If you send Faherty Unsolicited Ideas, Faherty is under no obligation to respond to you, or use or compensate you for your Unsolicited Ideas. Faherty also will not return your Unsolicited Ideas or treat them as confidential information.

4. License to User Content.

Faherty may provide you with the opportunity to submit, post, or display content, such as photos, images, text, videos, information, product reviews, responses to surveys, messages, social media posts or other content ("User Content"). You may have the opportunity to do this: (i) by uploading User Content directly to this Site; (ii) by responding Yes (or otherwise by responding in any affirmative manner) to our request for the right to use the User Content you post on Instagram, Pinterest, Facebook or TikTok or any other Social Media Site, which are now available or which become available (“Social Media”); (iii) or by sending us or otherwise permitting us to use User Content through any other means.

When you submit User Content, you acknowledge, consent and agree to: 1) your User Content being featured on Social Media and potentially being used to link through to products for sale on www.faherty.com; 2) a grant to Faherty and its third-party service providers a non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, edit, and/or create a derivative work for display, or otherwise exhibit or distribute the User Content or any portion of it, in any medium or forum, now known or later developed, at any time, without any payment to you or a third party; and 3) a non-exclusive license to access your User Content and to use, exhibit, display, use or reproduce such User Content in accordance with the Terms. Neither Faherty nor its Third Parties are obligated to feature, post or otherwise use any User Content, or to exercise any rights granted herein, but may do so at their sole discretion.

Your use of Instagram, Twitter, or any other Social Media Site to make User Content using the designated hashtags is also governed by the Terms and conditions of use for those sites.

You are solely responsible for your own User Content and the consequences of posting or publishing them. You represent and warrant that with respect to any User Content: (i) you own or control unencumbered, transferable rights to your User Content; (ii) you have permission from all persons appearing in your User Content to allow you to provide the photo or video image of such persons as part of your User Content to Faherty and its Third Parties for commercial use; (iii) Faherty and its Third Parties’ use of the your User Content will not violate or infringe any law or the rights of any third party; and (iv) that you have reached the legal age of majority in your jurisdiction of residence. If your User Content shows a child that is under the age of majority in their state of residence, you represent and warrant that either you are the parent or legal guardian of such child or that you have written permission from the child's parent or legal guardian to provide the photo or video image as part of your User Content to Faherty and its Third Parties for commercial use.

By Submitting User Content, you hereby release, discharge and agree to hold Faherty and its Third Parties and any person acting on behalf of Faherty and its Third Parties from all actions, claims, damages, liabilities, costs and expenses arising out of the use by Faherty and its Third Parties of the User Content.

You hereby release and discharge Faherty and its Third Parties from any and all obligation to pay you for any use of your User Content and any of the intellectual property and publicity rights contained therein. Deletion of any affirmative approval post or your User Content does not alter or terminate your agreement to these Terms.

To the extent you own the User Content, you shall continue to own the User Content.

5. No Endorsement or Liability for User-Generated or Third-Party Content.

Faherty does not endorse third-party content or User Content posted on this Site. Faherty is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party content or User Content.

6. Third-Party Links.

Faherty makes no warranties of any kind regarding any non-Faherty sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Faherty makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Faherty sites. Faherty does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. You access these Third Party Sites at your own risk. Faherty is not responsible for the content of or any products or services offered on such Third-Party Sites, and Faherty is therefore not liable for any harm or damages related to your use of any Third Party Site, including the purchase of good or services, or any other transactions you make in connection with any Third-Party Sites. Faherty is also not responsible or liable for these Third-Party Site’s independent policies or actions and is not responsible for the privacy practices or the content of such Third-Party Sites. If you have Complaints, claims, concerns, or questions regarding any Third-Party Sites you must  direct them to the Third Party. If you visit social media sites, such as Facebook or Twitter through links on the Faherty Site, the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. Faherty does not control user-posted content on social media sites and is not responsible for any third-party use of your personal information that you post, transmit or otherwise make available on those Third Party Sites.

7. Copyrights and the DMCA.

Faherty has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, the material and content on this Site. If notified, Faherty may investigate an allegation that content transmitted to it violates these Terms and determine whether to have the communication removed. However, Faherty does not review all content submitted to the Site and is not under any obligation to remove content. Faherty does not assume responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site.

Faherty may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyright rights of others.

If you are the owner of a copyright and you believe that infringing activity or materials are present on any of Faherty’s Sites, you may request removal of those materials (or access to them) by submitting written notification that complies with the requirements of the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”) to our Copyright Agent (designated below).

Attn: DMCA Agent, 

Mark Reiner, Esquire

Hand Baldachin & Associates LLP

mreiner@hballp.com

Your infringement notification must include the information that the DMCA requires. Upon receipt of a compliant written notification, Faherty will follow the DMCA process.

8. Your Representations 

You may browse this Site and all associated content solely for your personal use and enjoyment. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this Site or any portion of this Site for any commercial purpose without Faherty’s express written consent.

You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, you represent and warrant that: (a) any statements or testimonials that you include in your User Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences; and (b) if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your User Content on Faherty’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), or if you have a material connection to Faherty, you have disclosed such fact in such User Content clearly and conspicuously.

If this Site requires you to provide information about you, you must input correct, current and complete information.

You represent and agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you agree you will not:

• transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;

• transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;

• transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;

• transmit any information, software or other material which contains or delivers a virus or other harmful component;

• use any software, tool, data, device or other mechanism to navigate or search this Site other than a generally available browser;

• use any software, tool, data, device or other mechanism to “scrape” or otherwise compile data on this Site;

• frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or

• use any metatags or any other "hidden text" utilizing our name or Trademarks without our express written consent.

You also represent and agree you will not  violate or attempt to violate any security features of this Site, including, without limitation:

• accessing content or data not intended for you or logging onto a server that you are not authorized to access;

• attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

• interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, "flooding, " "spamming, " "mail bombing," or "crashing";

• using this Site to send unsolicited communications, including, without limitation, promotions, or advertisements for products or services;

• forging any TCP/IP packet header or any part of the header information in any e- mail or in any posting; or

• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.

Any violation of system or network security may subject you to civil and/or criminal liability.

9. Enrollment, Accounts and Passwords.

You may open a Faherty’s account (“Account”) on the Faherty’s website. By creating an Account, you are agreeing to these Terms. You may delete your Faherty account at any time by following the directions in these Terms . You acknowledge that your Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to treat your username, password, and any other piece of information required as part of our security procedures as confidential, and you agree you will not disclose the foregoing to any other person or entity. You agree to notify Faherty immediately of any unauthorized access to or use of your username or password or any other breach of security, including, but not limited to, if you lose your username or password. You agree to ensure that you exit your account at the end of each session. You agree to use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You must notify Faherty.com immediately of any breach of security or unauthorized use of your account. Faherty will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be liable for losses incurred by Faherty or others due to such unauthorized use. Faherty has the right to disable any username or password whether chosen by you or provided by us, at any time if you violate any provision of these Terms.

 

10. Site Updates.

Faherty will change the Terms from time to time. Such changes, whether in the form of modifications, additions, or deletions, shall be effective immediately when Faherty makes them. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept the changes. Without limitation to the foregoing, this provision does not apply in New Jersey. However,

Faherty does not have any obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. The “Update” date does not indicate that all information on this Site has been modified or updated on that date. Faherty does not represent that  the information on this Site represents all of the information available on a particular subject. Faherty.com makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any sites linked to this website and assumes no liability or responsibility in connection therewith. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.

11. Shopping Online and Product and Pricing Information.

This Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Faherty offers its products through this Site subject to availability. Faherty reserves the right to, at any time and without prior notice, to correct errors and omissions, and to change or update information or cancel orders if any information on this Site is inaccurate (including after you have submitted your order).

Faherty may, from time to time, offer promotions or discounts on purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you using the information in your account information. 

By entering into any transaction through this Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through this Site. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used this Site to enter into an improper transaction, Faherty reserves the right to immediately terminate any pending transactions, suspend your access to this Site, and terminate all of Faherty’s obligations hereunder.

By entering into any transaction through this Site, you consent to receiving email and/or text message communications from us regarding this transaction, including purchase receipts, notices, or transactional messages. Faherty may send you email and/or SMS message reminders about items or categories (a) you browsed; and/or (b) items left in your cart but did not purchase, to complete your transaction. You agree that all agreements, notices, disclosures, and other email communications that Faherty sends you electronically satisfy any legal requirement that such communications be in writing, and that you may retain copies of these communications for your record keeping purposes. Further, you acknowledge and agree that electronic purchase receipts and purchase-related communications satisfy all of Faherty’s obligations, if any, to document your transactions with Faherty.

If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at hello@fahertybrand.com using your order number.

Usage of Coupon Codes/Discount Codes: Promotional offers created for purchase on www.Faherty.com (“Site”) cannot be combined. They are also not valid on past purchases or on purchases of gift cards or e-cards. Promotional codes listed on our Site and in marketing communications for the Site are valid online only and only for the dates listed in the promotional offer. Online offers have no cash value and are not redeemable for cash. Online offers are also not valid in-store. Limited one (1) time use per coupon and/or discount code per customer. Discounts will be applied at checkout. 

This Site, Content, product information, and any products sold through this Site are intended to comply with United States state and federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the United States.

Faherty reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by- case basis.

12. Returns & Resale of Product.

Please visit our Returns link for more information regarding Faherty’s return policy and to start the return process if you want to return product that meets Faherty’s returns requirements. Additionally, this Site sells products to retail consumers only. You shall not use this Site to purchase products for your own re-sale or export. Faherty reserves the right to immediately bar access to this Site and terminate the account of any user who violates this provision.

13. Limitations on Liability and Disclaimer.

This Site is provided by faherty.com on an "as is" and "as available" basis without any representation or warranty of any kind, express or implied. You agree that your use of the faherty.com Site shall be at your sole risk. To the extent permitted by law, faherty.com and its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof.

In no event shall faherty.com, or its officers, directors, employees, or agents, assume any responsibility for or be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Site, (iv) any bugs, viruses, rogue programs, harmful properties or the like, which may be transmitted to or through our Site by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the faherty.com Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. This limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that faherty.com shall not be liable for any user submission or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from these events rests entirely with you.

Faherty.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the faherty.com Site or any linked site or featured in any banner or other advertising, and Faherty.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

14. Indemnification.

You agree to defend, indemnify and hold harmless Faherty (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Site ; (b) your violation of any term of these Terms; (c) a breach of your representations and warranties set forth above regarding User Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any User Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your misuse of the Site.

15. Disabling Your Account.

You may disable your Account at any time by contacting us at hello@fahertybrand.com. This process may take up to fourteen (14) days. Additionally, Faherty reserves the right to, in its sole and absolute discretion, disable your account at any time and for any reason without prior notification, including, but not limited to, if you breach these Terms. If Faherty disables your account it will not be liable to you in any way for any possible consequences of that action. However, it will retain your data, if in possession of any of your data, in accordance with its Privacy Notice. 

Even if Faherty disables your account these Terms shall survive.

16. Choice of Law.

These Terms will be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of law rules.

17. Notice.

When you visit this Site or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Privacy Notice.

For information on how information is collected, used, or disclosed by Faherty in connection with your use of this Site, please consult our Privacy Notice [Link], which is incorporated into these Terms by reference.

19. Payment Processing. 

By agreeing to the Terms, you consent that depending on the type of payment method used, the payment processing services for goods and/or services purchased on this Site are provided by third parties. The terms of service for these third parties shall apply to this service. 

20. Disputes.

If a dispute should arise 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 using our customer service, reachable by sending an email to hello@fahertybrand.com.

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 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@faherty.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 PROVISION:

B. 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.

Exceptions

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

21. Miscellaneous.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 21 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Notice [add link], constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our products may receive consideration for their endorsement. 

 

22. New York Use.

This Site is controlled and operated by us from our offices in New York State. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than New York. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms remain in full force and effect.

 

23. Notice for California Users.

California consumers can learn more about their additional rights at California Disclosures [add link]. In particular, under California Civil Code Section 1789.3, users of this site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact Faherty at hello@fahertybrand.com

 

24. Electronic Signature.

Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

25. Questions.

If you have any questions concerning the Terms or the Privacy Notice, if you desire to contact Faherty for any reason, please contact us at hello@fahertybrand.com.