Last Updated May 1, 2019.
These Terms include: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims fordamage against us that may arise out of your use of the Service.
1. MEMBERSHIP AND ACCOUNT SECURITY
1.1 While You may browse the Website and order products as a guest user, to access certain services on the Website, You must submit an application to become a subscriber. 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.
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 or services through them. We reserve the right in our sole discretion to disable Your account at any time if You violate these Terms.
1.3 When You visit the Website or send e-mails to us, You are communicating with us electronically. By doing so, You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website. 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, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account.
2. CONTENT and LINKS
2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by the Website on or through the Website 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referred to collectively as the “Content.“ The Content may contain errors, omissions, or typographical errors or may be out of date.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, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or by third parties that have licensed their use to us. You may view and use the Content only for Your personal information and for using the Website, 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.
2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute sponsorship, endorsement, or approval by the Website of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Website, and the Website is 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. LICENSE AND SITE ACCESS
3.1 The Farmer’s Dog hereby grants You a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of 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 Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
3.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our express written consent. You may not use any meta tags or any other “hidden text“ utilizing the Website’s name or trademarks without the express written consent of the Website. Any unauthorized use terminates the permission or license granted by the Website. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
4. Our PRODUCTs AND YOUR SUBSCRIPTION
4.1 Our subscription plan consists of an initial charge followed by recurring periodic charges. You acknowledge that Your subscription has an initial and recurring payment feature and You accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges without furtherauthorization from You until You cancel Your subscription or change Your payment method. Please refer to our The Farmer’s Dog FAQ for further instructions.
4.2 We try to be as accurate as possible when describing and showing our products on the Website, but we do not warrant that these product descriptions or depictions, or other content on the Website, are accurate, reliable, current, or complete.
4.3 All products available on the Website are for personal use only. You may not resell any of the products that You purchase or receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of product ordered, in our sole discretion, if we determine Your order violates ourTerms. If You are a wholesaler or retailer interested in purchasing items in bulk, please email email@example.com.
4.4 Product pricing and our delivery charges, if any, will be as quoted on the Website from time to time, and may not include applicable taxes. 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. We will not charge Your credit or debit card for a weekly delivery until after the cancellation deadline for said weekly delivery - with the exception of Your first delivery, which may occur immediately following Your initial subscription to the Service.
4.5 Users may gift trials to up to three friends (“Gift Trials”). Gift Trials are limited to a credit of One Hundred United States Dollars ($100 USD). Any discounts/Gift Trials offered for an amount over $100 will be lowered to $100. A User is not permitted to offer a Gift Trial to themselves or another User who has any of the following: the same address, email, phone number, or dog information as the User gifting the trial.
5. DIGITAL MILLENNIUM COPYRIGHT ACT
5.1 If You believe that Your work has been copied in a way that constitutes copyright infringement or Your intellectual property rights have otherwise been violated, please provide the Farmer’s Dog copyright agent (“Agent“) with the written information specified below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located;
(d) Your address, telephone number, facsimile number, and email address;
(e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, itsagent, or the law;
(f) A statement by You, under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or otherintellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
5.2 The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Mail: Attn: Jonathan Regev
417 Grand St.
Brooklyn, NY 11211
5.3 We reserve the right, in appropriate circumstances and at our sole discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of The Farmer’s Dog or others.
6. DISCLAIMER AND LIMITATION OF LIABILITY
6.1 THE FARMER’S DOG MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE, ITS CONTENT, ANY LINKED SITES, OUR PRODUCTS OR THE SERVICES, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT, OR THE ACCURACY, 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 WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE, 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, OR ACCURACY. THE “AS IS“ CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE OR 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.
6.2 EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE FARMER’S DOG, UNDER NO CIRCUMSTANCES SHALL THE FARMER’S DOG, ITS SUPPLIERS, OR THEIR RESPECTIVE 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 DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, ITS CONTENT OR THE SERVICES, EVEN IF THE FARMER’S DOG IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
7.1 You agree to defend, indemnify, and hold harmless The Farmer’s Dog, its vendors and their affiliates and related entities, and their respective 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 Website or the Services, or Your violation of any third-party right. You are solely responsible for interactions with other users of the Website. To the extent permitted by applicable law, You hereby release The Farmer’s Dog from any and all claims or liability related to any product or service of The Farmer’s Dog and any conduct, action, or inaction by The Farmer’s Dog or another user of the Website or the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Website or the Services or any product or service provided to You arising out of or relating to Your use of the Website or the Services.
8. ARBITRATION AND CLASS ACTION WAIVER.
8.1 Binding Arbitration. Any dispute or claim arising in any way from Your use of the Website or the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Website or Service 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.
8.2 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.
8.3 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.
8.4 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 factsof the dispute and relief requested. You must send Your notice of legal dispute to us at the following address: firstname.lastname@example.org. We will send any notice of dispute to You at the contact information we have for You.
8.5 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.
8.6 Fees. If You initiate arbitration, Your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, The Farmer’s Dog will pay all other AAA and arbitrator’s fees and expenses.
8.7 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.
8.8 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.
8.9 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.
8.10 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 Cleveland, Ohio, 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.
8.11 Opting Out . If You do not want to arbitrate disputes with The Farmer’s Dog and You are an individual, You may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date You access or use the Service.
9. GENERAL PROVISIONS.
9.1 Termination. If You breach any of the terms of these Terms, all licenses granted by us, including permission to use the Website and the Service, will terminate automatically. Additionally, we may suspend, disable, or cancel subscription with or without notice, for any or no reason. If we cancel Your subscription 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 this Agreement by The Farmer’s Dog or You. Termination will not limit any of our other rights or remedies at law or in equity.
9.2 Injunctive Relief. You agree that a 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.
9.3 Notices . We may give notice to You by means of a general notice on the Website, electronic mail, 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). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to firstname.lastname@example.org. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
9.4 Miscellaneous . These Terms may not be modified except by a writing executed by the duly-authorized representatives of The Farmer’s Dog or pursuant to Section 9.5 of these Terms. 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 licenses 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. 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 Website and the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
9.5 Modifications . 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. If You continue to use the Website or the Service after we post an update to these Terms, You indicate Your acceptance of the updated Terms.
9.6 Contact Us. If You have any questions regarding these Terms, the Website or the Service please contact us at email@example.com.
10. The Farmer’s Dog Referral Program Terms And Conditions
The Farmer’s Dog may modify these Referral Terms at any time, in its sole discretion. If The Farmer’s Dog does so, The Farmer’s Dog will let you know either by posting the modified Referral Terms on www.thefarmersdog.com (the “Site”) or through other communications. It is important that you review the modified Referral Terms whenever they are modified because, by your continued participation in The Farmer’s Dog Referral Program you are indicating that you agree to be bound by the modified Referral Terms. If you do not agree to be bound by the modified Referral Terms, then you should immediately cease participation in the The Farmer’s Dog Referral Program.
The Farmer’s Dog Referral Program is offered by The Farmer’s Dog and provides Referrers (as defined below) with the opportunity to refer eligible individuals to purchase products from The Farmer’s Dog (the “The Farmer’s Dog Referral Program”). A “Referrer” is a Farmer’s Dog customer who (a) has a valid customer account in good standing on the Site, (b) is a legal resident of the United States and at least eighteen (18) years of age and (c) receives an invitation from The Farmer’s Dog to participate in The Farmer’s Dog Referral Program (an “Invitation”) that contains a unique referral link (the “Unique Referral Link”). The Farmer’s Dog Referral Program will also specify the Referral Reward and Referred Reward (each, as defined below) and the manner(s) in which the applicable Referrer can distribute his or her Unique Referral Link to his or her friends. For instance, a Referrer may be able to generate an automatic e-mail or message via social media to a potential customer containing the applicable Unique Referral Link. You represent and warrant that (i) you have the necessary consent from each such potential customer to whom you send a message regarding the The Farmer’s Dog Referral Program and (ii) you will at all times remain compliant with CAN-SPAM, the TCPA and any other applicable laws.
A “Referred Customer” means an individual who:
1) clicks on a Unique Referral Link to place an order on the Site before The Farmer’s Dog Referral Program end date, if applicate, the end date will be communicated when The Farmer’s Dog sent the applicable Referrer the Invitation;
2) 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
3) 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 who has previously created a customer account on the Site cannot be a Referred Customer.
In order to be eligible for a Referral Reward, a Referrer must refer to The Farmer’s Dog a minimum of one (1) Referred Customers. When a Referred Customer has used a Referrer’s Unique Referral Link to satisfy the above conditions, the applicable Referrer is eligible to receive a referral reward, which will be specified in the Invitation received by such Referrer (the “Referral Reward”). Unless otherwise set forth in an Invitation, for each Invitation that a Referrer receives, the Referrer is only eligible to receive up to twenty (20) Referral Rewards (i.e., after such Referrer has referred twenty (20) Referred Customers, such Referrer will not be eligible for any additional Referral Rewards even if additional Referred Customers satisfy the above conditions using such Referrer’s Unique Referral Link).
Each Referred Customer will also receive a referred reward, which will be specified in the Invitation to the Referrer whose Unique Referral Link such Referred Customer used to make a purchase on the Site (the “Referred Reward”). An individual may only create one (1) customer account on the Site and may only receive one (1) Referred Reward for becoming a Referred Customer, even if the individual receives and attempts to click through multiple Unique Referral Links.
The Referral Reward and Referred Reward may consist of a promotional account credit, promotional code, promotional gift card or other similar discount or promotion that may be redeemed on the Site, or may consist of a physical item, or a donation to a specified third-party non-profit. The credit type will be specified in the Invitation that the Referral receives. The reward 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 the applicable Invitation, all Referral Rewards and Referred Rewards will only be valid for redemption for one (1) year from the date on which The Farmer’s Dog sends such Referral Reward or Referred Reward to the applicable Referrer or Referred Customer and must be applied on such Referrer’s or Referred Customer’s next purchase. ALL REFERRAL REWARDS AND REFERRED REWARDS EXPIRE AFTER ONE (1) YEAR.
Referral Rewards and Referred Rewards are only valid for use on the Site and are not transferable or redeemable for cash. Referral Rewards and Referred Rewards may contain additional limitations, as set forth in the applicable Invitation. A Referral Reward will not be awarded until the applicable Return Period has lapsed for the Referred Customers. The Farmer’s Dog reserves the right to withhold, deduct or revoke Referral Rewards and Referred Rewards obtained through the The Farmer’s Dog Referral Program in the event that The Farmer’s Dog determines or believes that the receipt of the Referral Reward or Referred Reward was in error, fraudulent, illegal or in violation of these Referral Terms or any of the Additional The Farmer’s Dog Terms. All The Farmer’s Dog promotions run for a limited time only and are subject to change at The Farmer’s Dog’s discretion.
We may terminate your eligibility to earn a Referral Reward or Referred Reward or terminate your account on the Site if you take any of the following actions:
1) Open multiple accounts, including with different e-mail addresses, in order to generate additional Referral Rewards or Referred Rewards;
2) 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.
3) Use false names, impersonate other people, or otherwise provide false or misleading information to us;
4) Offer incentives to others who register new accounts;
5) Violate these Referral Terms or any of the Additional The Farmer’s Dog Terms;
6) Participate in The Farmer’s Dog Referral Program where doing so would be prohibited by any applicable law or regulations ;
7) Use the 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 image s or reference to illegal drugs, alcohol, tobacco, weapons or firearms or content that violates someone else’s privacy;
8) Sell or otherwise attempt to transfer your Unique Referral Link;
9) Violate or infringe the rights of any third party; and
10) Pay to advertise your Unique Referral Link or The Farmer’s Dog Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
You understand and agree that any communications you send with respect to the 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 nor will you be deemed an employee of The Farmer’s Dog. As such, while, as a Referrer, you can and should include your Unique Referral Link in communications about the The Farmer’s Dog Referral Program, you must not, without The Farmer’s Dog’s written permission, include any of The Farmer’s Dog trademarks or other The Farmer’s Dog materials in such communications. The content of all of your communications about the 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.
By participating in The Farmer’s Dog Referral Program, you agree that The Farmer’s Dog will have no liability and that you will indemnify and hold The Farmer’s Dog harmless for any claim, action, liability, loss, injury or damage to you or any other person or entity due in whole or in part, directly or indirectly, by reason of your participation in the Program. You will not settle any claim without the prior written consent of The Farmer’s Dog. Further, you agree that The Farmer’s Dog is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these Referral Terms, in any The Farmer’s Dog Referral Program-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise. UNDER NO CIRCUMSTANCES WILL THE FARMER’S DOG BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE PROGRAM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FULL LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.