The Farmer’s Dog Terms of Use

Last Updated January 18, 2023.

These Terms of Use (“Terms”) are a legal agreement between you and The Farmer’s Dog, Inc. (“The Farmer’s Dog,” “we,” “us,” or “our”) and the user of The Farmer’s Dog’s Services or Products (as hereinafter defined) (“you” or “your”). We make our website https://www.thefarmersdog.com (“Website”) available in order to provide you with information about our company, products and services, and also so that you can order our products. Your use of the Website, any related mobile applications, our owned and operated social media channels, and our dog food delivery service and any services we provided in connection therewith, including the Farmer’s Dog Referral Program (as defined below) (collectively, the “Services”), as well as your purchase of The Farmer’s Dog products through the Services (“Products”), are subject to these Terms. BY USING THE SERVICES AND/OR PURCHASING PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY FOUND AT HTTPS://WWW.THEFARMERSDOG.COM/CONTENT/PRIVACY, INCORPORATED HEREIN BY REFERENCE. If you do not want to be bound by these Terms or the Privacy Policy, do not use the Services or Products.

These Terms include: (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US.

We may occasionally update these Terms. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, we will post the updated Terms on the Website and we may also send emails to our subscribers containing a link to the revised Terms or provide alternative notice of changes to the Terms in our discretion. It is your responsibility to check these Terms for changes prior to use of the Services or Products. Your continued use of the Services or Products after we post an update to these Terms indicates your acceptance of the updated Terms.

The owner of the Services and Products is based in the United States. We provide this Website, Services, and Products for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

1. Membership and account security.

1.1 This Website is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. An individual or household may only create one (1) customer account on the Site. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. While you may browse the Website and order some Products as a guest user, to purchase our dog food Products or access certain Services, you must submit an application to become a subscriber to our dog food delivery Services. You must be 18 years of age or older and legally capable of entering into binding contracts in order to apply, and we may accept or reject your application in our sole discretion. If approved, when you create an account, you agree you are responsible for maintaining the confidentiality and security of your account by, among other things: (i) ensuring that your registration details are true, up to date, and accurate; (ii) not sharing your password, letting anyone else access your account, transferring your account to any other person, or taking other actions that might jeopardize the security of your account. An individual or household may only create one (1) customer account on the Site.

1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding your use of our Services and your purchase of Products through them. We reserve the right in our sole discretion to disable or terminate your account in our sole discretion for any and no reason, including if, in our opinion, you violate these Terms.

1.3 When you visit the Websiter send SMS text messages, e-mails to us, or online chat with us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. All communications are governed by our Privacy Policy found at https://www.thefarmersdog.com/content/privacy. 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. In addition, by using our Services or Products, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account. You understand that you are not required to provide this consent as a condition of purchasing any Products from us. You also understand that you may opt out of receiving text messages from us at any time, by contacting [email protected] or by replying “STOP” to any text messages received from us. You can also manage your communication preferences in your account.

2. Content and links.

2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by or otherwise through the Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so.

2.2 Unless otherwise noted through the Services, The Farmer’s Dog name, trademark, service mark and logo and all related names, logos, Product and Service names, designs and slogans (“Marks”), the Services, and all Content are protected under copyright, trademark, and other intellectual property laws. You agree that The Farmer’s Dog and/or its licensors own all right, title and interest in and to the Marks, Content and Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Marks, Services and Content including, without limitation, the exclusive right to create derivative works. You may view and use the Content only for your personal information and for using the Services, and for no other purpose, including but not limited to, any commercial purpose, and you shall retain intact all copyright and other proprietary notices. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by The Farmer’s Dog of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Services or by us, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

3. Services access.

3.1 The Farmer’s Dog hereby grants you a limited right to access and make personal use of the Services. However you may not download (other than page caching) or modify the Services, or any portion of them, except with our express prior written consent. This access right does not include: any resale or commercial use of the Services, including the Website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of the Services, including the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion of the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or non-profit purpose without our express written consent.

3.2 You may not frame or utilize framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Services without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or any Marks without our express prior written consent. Any unauthorized use terminates the permission granted herein. Any violation of these Terms may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

3.3 You may use the Services only for lawful purposes and in accordance with these Terms.

You agree not to use the Website, (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iii) to transmit, or procure the sending of, any advertising or promotional material, except as specifically provided for herein or without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (iv) to impersonate or attempt to impersonate The Farmer’s Dog, a The Farmer’s Dog employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing), (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the The Farmer’s Dog or users of the Website, or expose them to liability, (vi) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website, (vii) with any device, software, or routine that interferes with the proper working of the Website, (viii) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (ix) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or (x) in any way that otherwise attempts to interfere with the proper working of the Website.

5. Products, Orders, Shipment, Pricing and Payment.

5.1 Pricing Changes. Product pricing and our delivery charges, if any, will be as quoted through the Services from time to time, and may not include applicable taxes. We reserve the right to change our subscription plans or adjust pricing for our Products in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. If you have not cancelled your subscription within the specified time after receiving notice of a price change, your subscription will auto-renew at the price indicated in your notice.

5.2 Payments. If you purchase a subscription to our Products, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your subscription. Payment for all Products must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. You acknowledge and agree that all information you provide with regards to a purchase of our Products, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction.

5.3 Credit Card Authorization. You may see credit card authorization holds when you (i) add or update your method of payment, (ii) purchase a paid, recurring subscription, or (iii) sign up for a free trial subscription. Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold varies depending on your credit card company’s policies, but generally speaking, this activity appears as a $1 (USD) charge that is released once your credit card is validated. Feel free to contact your credit card company with any questions.

5.4 Order Acceptance; Shipment. Once we receive your order for Products, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The Farmer’s Dog reserves the right, in its sole discretion to accept or decline your order, cancel your subscription or order, or limit Product quantities for any or no reason. If we cancel an order after you have already been billed, then we will refund the billed amount. [For most orders, you will be charged at the time your order is placed. In the event of cancellation, The Farmer’s Dog will refund your payment.] Title and risk of loss for any purchases of Products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

5.5 All Products available through the Services are for personal use only. You may not resell any of the Products that you purchase or receive from us. If you are a wholesaler or retailer interested in purchasing items in bulk, please email [email protected].

5.6 All offers of Products as they are displayed via the Services are subject to availability. The Farmer’s Dog reserves the right to modify the items offered via the Services at any time. If a Product is not available for shipping promptly after you place your order, or upon the next delivery date under your subscription, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order. The Farmer’s Dog shall not be liable if Products are not in stock or otherwise not available. If a Product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such Product.

5.7 We may change our Products, in our sole discretion, to reflect changes in relevant laws and regulatory requirements which impact either the pet food market or the natural products markets in the US or other relevant countries, or to implement minor technical adjustments and improvements. Pursuant to applicable law and regulatory requirements, we will advise you if there is likely to be any significant difference in the Products.

6. The Farmer’s Dog Referral Program Terms And Conditions.

We offer a referral program (“The Farmer’s Dog Referral Program”) that provides eligible The Farmer’s Dog customers (each, a “Referrer”) with the opportunity to refer eligible individuals (each, a “Referred Customer”) to purchase Products from The Farmer’s Dog. Occasionally, The Farmer’s Dog Referral Program may offer temporary promotions, discounts, incentives, or store credit (collectively, “TFD Credit”), which may be adjusted or discontinued by The Farmer’s Dog, at any time in The Farmer’s Dog’s sole discretion. This Section 6 governs your participation in The Farmer’s Dog Referral Program. To the extent this Section 6 contains any terms or conditions inconsistent with the remainder of these Terms, this Section 6 will control with respect to The Farmer’s Dog Referral Program only.

The Farmer’s Dog will send Referrers a notice (an “Invitation”) with a unique referral link (“Referral Link”), which can be shared with the Referrer’s friends and family. Invitations are provided by The Farmer’s Dog in its sole discretion and customers are not guaranteed to receive an Invitation. The Invitation will specify the TFD Credit, incentive or discount (as may be applicable) the Referrer will receive for each Referred Customer, if any (the “Referrer Credit”) and the TFD Credit, incentive or discount each Referred Customer will receive, if any (the “Referred Credit”). Referrers must follow any and all terms, conditions and guidance set forth in the Invitation to qualify for Referrer Credit, including with respect to the manner in which the Referrer can share the Referral Link and the date when the Referral Link will expire. By participating in The Farmer’s Dog Referral Program, you represent and warrant that (i) you are 18 years of age or older; (ii) you are a legal resident of the United States; (iii) you have the necessary consent from each such potential customer to whom you send a message regarding The Farmer’s Dog Referral Program; and (iv) you will at all times remain compliant with CAN-SPAM, the TCPA and any other applicable laws.

You understand and agree that any communications you send with respect to The Farmer’s Dog Referral Program are being sent by you as an individual, on your own behalf, and not on behalf of The Farmer’s Dog. You are not acting as an agent of The Farmer’s Dog or acting in any representative capacity, nor will you be deemed an employee of The Farmer’s Dog. As such, while, as a Referrer, you can and should include your Referral Link in communications about The Farmer’s Dog Referral Program, you must not, without The Farmer’s Dog’s written permission, include any of our Marks or other The Farmer’s Dog materials in such communications. The content of all of your communications about The Farmer’s Dog Referral Program must be yours alone. You will not misrepresent or embellish your relationship with The Farmer’s Dog or write, say or post anything you know is untrue or may be misleading. And, if someone has asked you to stop sending them messages about The Farmer’s Dog, you will respect that wish.

A “Referred Customer” means an individual who:

(a) clicks on a Referral Link to place an order on the Website or through the Services before The Farmer’s Dog Referral Program or campaign end date;

(b) does not cancel such order prior to shipment and does not return or seek a refund for such order within ninety (90) calendar days (the “Return Period”); and

(c) is a new (and not a returning or existing) The Farmer’s Dog customer who is a legal resident of the United States and at least eighteen (18) years of age. For the avoidance of doubt, any individual or household that has previously created a customer account through the Services cannot be a Referred Customer.

In order to be eligible for a Referral Reward, a Referrer must refer a minimum of one (1) Referred Customer to The Farmer’s Dog, or the minimum number as may be designated in the rules specific to each campaign, which may be adjusted at any time in The Farmer’s Dog’s sole discretion. When a Referred Customer has used a Referrer’s Referral Link to satisfy the above conditions, the applicable Referrer is eligible to receive the Referrer Credit, which IF AVAILABLE will be specified in the Invitation. Referrer Credit and Referred Credit will be sent to the applicable Referrer or Referred Customer within thirty (30) days after the above conditions have been met. Unless otherwise set forth in an Invitation or other communication from The Farmer’s Dog, each Referrer is only eligible to receive up to Six Hundred US Dollars ($600) in TFD Credit per calendar year (i.e., after such Referrer has earned Six Hundred US Dollars ($600) of TFD Credit in a single calendar year, such Referrer will not be eligible for any additional Referral Credits even if additional Referred Customers satisfy the above conditions using such Referrer’s Referral Link). The amount and availability of the Referral Reward are subject to change at any time in The Farmer’s Dogs sole discretion. The Farmer’s Dog may, in its sole discretion, send Referrers who have reached their Referral Credit limit another Invitation, which may or may not contain the same terms and conditions.

Each Referred Customer will also receive the Referred Credit or promotion specified in the relevant Referral Link. An individual may only create one (1) customer account through the Services and may only receive one (1) Referred Reward for becoming a Referred Customer, even if the individual receives and attempts to click through multiple Referral Links.

The Farmer’s Dog will apply any TFD Credit to the next purchase made by the Referrer or Referred Customer, as applicable. TFD Credit is not transferable, redeemable or exchangeable. TFD Credit can only be used on the Website to purchase Products from The Farmer’s Dog. TFD Credits do not reflect a balance of US dollars or any other currency. Unauthorized or fraudulent use, resale, acquisition, or distribution of TFD Credit is prohibited. The Farmer’s Dog may cancel, revoke, or otherwise prevent the issuance of TFD Credit if we suspect any unauthorized or fraudulent use of TFD Credit and/or if The Farmer’s Dog mistakenly credits a Referrer or Referred Customer’s account with TFD Credits. TFD CREDIT MUST BE REDEEMED WITHIN TWELVE (12) MONTHS OF RECEIPT BY THE REFERRER OR REFERRED CUSTOMER. Referral Rewards and Referred Rewards may contain additional limitations, as set forth in the applicable Invitation.

In addition to the conditions set forth in Section 11.1, we may terminate your eligibility to earn a Referral Reward or Referred Reward or terminate your account for the Services if you take any of the following actions:

(a) Open multiple accounts, including with different e-mail addresses, in order to generate additional Referral Rewards or Referred Rewards;

(b) Refer customers using spam, display advertising, sponsored links, unsolicited e-mails, automated systems or bots, scripts or automatic dialers or links on message boards or forums.

(c) Use false names, refer yourself, impersonate other people, or otherwise provide false or misleading information to us;

(d) Offer incentives beyond those specified in the relevant Invitation to others who register new accounts;

(e) Use The Farmer’s Dog brand in connection with disparaging or defamatory content, content that promotes racism, bigotry, hatred, discrimination or physical harm against any group or individual, offensive, abusive, intimidating or harassing content, content that is sexually explicit, obscene and/or contains nudity, any political and/or religious statement, any content containing images or reference to illegal drugs, alcohol, tobacco, weapons or firearms or content that violates someone else’s privacy;

(f) Sell or otherwise attempt to transfer your Referral Link;

(g) Violate or infringe the rights of any third party; or

(h) Pay to advertise your Referral Link or The Farmer’s Dog Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.

7. Promotional discount links.

The following terms and conditions, together with the Terms, govern the use of The Farmer’s Dogs promotional links that may be redeemed for discounts on Products or other features or benefits related to the Services (“Promotion”):

(a) Promotions: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by The Farmer’s Dog; (d) may be disabled or have additional conditions applied to them by The Farmer’s Dog at any time for any reason without liability to you; (e) may only be used pursuant to the specific terms that The Farmer’s Dog establishes for such Promotion; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

(b) Promotions cannot be combined.

(c) Promotions may have an expiration date, as indicated at the time of issuance. The Farmer’s Dog may adjust expiration and offer amount at any time in their sole discretion.

(d) Promotions can only be redeemed through the Services toward the purchase of Products available thereon. They cannot be applied to any orders previously placed.

(e) Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).

(f) To redeem a Promotion you must click the Promotional link before purchase. Additional restrictions may apply, as indicated at the time of issuance.

(g) All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment.

(h) Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen.

(i) Sales tax and shipping charges are applicable to any items purchased with a Promotion.

(j) In addition to the conditions set forth in Section XYZ we may terminate your eligibility to redeem a promotion or terminate your account for the Services if you take any of the following actions:

1. Open multiple accounts, including with different e-mail addresses or other information
2. Use false names, impersonate other people, or otherwise provide false or misleading information about you or the dog(s) to us;

(k) We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion or Services policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, the promotion and the account may be suspended or terminated.

8. User Contributions.

The Services may contain message boards, personal web pages or profiles, forums, bulletin boards, review sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates, and each of our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above, and (ii) all of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not The Farmer’s Dog, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

9. Monitoring and Enforcement; Termination.

We have the right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for The Farmer’s Dog, (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE FARMER’S DOG AND ITS AFFILIATES, AND LICENSEES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

10. Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy, (v) be likely to deceive any person, (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization, (ix) involve commercial activities or sales (except as specifically provided for herein), such as contests, sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Disclaimer and limitation of liability.

11.1 GENERAL DISCLAIMER. THE FARMER’S DOG MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF THE WEBSITE COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. THE FARMER’S DOG ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ANY REFERRAL LINKS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS AVAILABLE THROUGH THE SERVICES. THE FOREGOING DISCLAIMERS ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

11.2 NO MEDICAL ADVICE. We may suggest a certain type of meal plan for your pet based on criteria specified by you through your account for the Services. YOU ACKNOWLEDGE THAT OUR RECOMMENDED MEAL PLAN IS INTENDED AS A GUIDE ONLY. IT IS YOUR RESPONSIBILITY AS A PET OWNER TO MONITOR YOUR PET’S WEIGHT AND CONDITION, AND TO LET US KNOW ANY CHANGES IN EITHER WEIGHT OR CONDITION AS THESE MAY IMPACT YOUR MEAL PLAN. IF YOU HAVE ANY CONCERNS ABOUT YOUR PET’S WEIGHT AND CONDITION, PLEASE CONSULT YOUR VETERINARIAN. ANY INFORMATION GIVEN BY ANY FARMER’S DOG TEAM MEMBER IS GENERAL IN NATURE, AND NOT SPECIFIC TO YOUR PET AND WE ALWAYS RECOMMEND TO SPEAK TO YOUR LOCAL VETERINARIAN WHO KNOWS YOUR PET’S MEDICAL HISTORY AND CAN EXAMINE THEM IN PERSON. NOTHING IN THE SERVICES OR COMMUNICATED TO YOU BY US OR ANY OF OUR REPRESENTATIVES IS INTENDED TO BE, NOR SHOULD BE, TAKEN AS MEDICAL OR VETERINARY ADVICE AND WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH YOUR RELIANCE ON SUCH INFORMATION.

11.3 ALLERGENS. THE PRODUCTS WE SUPPLY MAY CONTAIN ALLERGENS. WE USE REASONABLE EFFORTS TO IDENTIFY COMMON ALLERGENS CONTAINED IN THE PRODUCTS, BUT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY FOOD YOU FEED TO YOUR PET DOES NOT CAUSE AN ADVERSE REACTION AND WE WILL NOT HAVE ANY LIABILITY FOR, ANY ALLERGIC REACTION YOUR PET MAY HAVE OR ANY ADVERSE CONSEQUENCES RESULTING FROM AN ALLERGY.

11.4 PRODUCT IMAGES AND DESCRIPTIONS. The images and descriptions of our Products are for illustrative purposes only. We try to be as accurate as possible when describing and showing our Products, but we do not warrant that these Product descriptions or depictions, or other content on or provided through the Services, are accurate, reliable, current, or complete. The packaging of our Products may vary from that shown in images on the Website or otherwise made available through the Services.

11.5 LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE FARMER’S DOG, ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF BUSINESS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF THE SERVICES, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, OR THE PRODUCTS OR YOUR PURCHASE OR USE OF PRODUCTS FROM THE FARMER’S DOG, EVEN IF THE FARMER’S DOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FARMER’S DOG, ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SERVICES, YOUR USE OF THE SERVICES, THE PRODUCTS, YOUR PURCHASE OR USE OF PRODUCTS OR THESE TERMS, EXCEED THE FEES ACTUALLY PAID BY YOU TO THE FARMERS DOG IN THE THIRTY DAYS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

12. Indemnification.

12.1 You agree to defend, indemnify, and hold harmless The Farmer’s Dog, its suppliers and its and their affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Services, your negligence or willful misconduct or your violation of any applicable law or third-party right. You are solely responsible for interactions with other users of the Services.

13. Arbitration.

13.1 Binding Arbitration. Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Services in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

13.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

13.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

13.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: [email protected]. We will send any notice of dispute to you at the contact information we have for you.

13.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

13.6 Limitation Period. In no event shall any claim, action or proceeding by you or The Farmer’s Dog be instituted more than one (1) year after the cause of action arose.

13.7 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

13.8 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and The Farmer’s Dog each agree to the exclusive jurisdiction of the federal and state courts located in New York County, New York, and you and The Farmer’s Dog each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

14. Class Action Waiver.

14.1 Individual Basis. To the fullest extent permitted by applicable law, you and the Farmer’s Dog each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and The Farmer’s Dog each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.

15. General provisions.

15.1 Termination. If you breach any of the terms of these Terms, all rights granted to you by us, including permission to use the Services, will terminate automatically. Additionally, we may suspend, disable, or cancel your subscription and/or account with or without notice, for any or no reason. If we cancel your subscription or account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of your subscription, the Services or these Terms by The Farmer’s Dog or you, including without limitation the provisions set forth in Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of these Terms. Termination will not limit any of our other rights or remedies at law or in equity.

15.2 Injunctive Relief. You agree that your breach of these Terms will cause irreparable injury to The Farmer’s Dog for which monetary damages would not be an adequate remedy and The Farmer’s Dog shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

15.3 Notices. We may give notice to you by means of a general notice on the Website, electronic mail, through your account, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or through your account). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to [email protected]. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

15.4 Miscellaneous. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by The Farmer’s Dog but may not be assigned by you without the prior express written consent of The Farmer’s Dog. Any attempt by you to assign these Terms without the written consent of The Farmer’s Dog shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. Except for any payment obligations hereunder, in the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. You and The Farmer’s Dog agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

15.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

15.6 Contact Us. If you have any questions regarding these Terms or the Services please contact us at 201 Varick St. PO Box 984, New York, NY 10014 or [email protected], or by phone at (646) 780-7957.