OATMAN FARMS LLC TERMS OF SERVICE AND SALE

Last Updated:  June 16, 2021 

These Terms of Service and Sale (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by Oatman Farms LLC (“Oatman Farms” or “we”). By using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15 of Part One of these Terms. If you do not agree to these Terms, do not use our Services.

These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase through our Services.

If you have any questions about these Terms or our Services, please contact us at eatfearlessly@oatmanfarms.com. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

Part One: Terms for All Users

1. Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

 

2. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

 

3. User Content and Interactive Areas

Our Services may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users can create, post, upload, transmit, distribute or store content, such as comments, reviews, photos, videos, text, music, sound, graphics, code or other materials on the Sites (collectively, "User Content"). User Content may be publicly-viewable along with profile information associated with your online account, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.

By using any Interactive Areas, you agree not to create, post, upload, transmit, distribute, or store any of the following:

 

  • User Content that is fake, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to us or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
  • User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent;
  • User Content that makes false or misleading statements, claims or depictions about a person, company, product or service;
  • User Content that does not clearly and prominently disclose any material connections you may have to us or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • User Content that contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
User Content that, in the sole judgment of us, restricts or inhibits any other person from using or enjoying the Services or which may expose us or our users to any harm or liability of any type.

We encourage our users to report User Content that violates these Terms (either by using a flagging or reporting mechanism provided within the Services or, for content that infringes copyright or trademark rights, by following the instructions in Section 8 of Part One of these Terms). Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by such Terms. Although we have no obligation to screen, edit or monitor any of the User Content posted on the Services, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.

 

4. Prohibited Conduct and Content

(a)   You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

 

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Oatman Farms;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(b)    Enforcement of this Section 4 is solely at Oatman Farms’ discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

 

5. Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Oatman Farms or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

6. Trademarks

OATMAN FARMS, EAT FEARLESSLY, WHOLE GRAINS FOR WHOLE LIVES and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Oatman Farms and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

7. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Oatman Farms or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Oatman Farms’ sole discretion. You understand that Oatman Farms may treat Feedback as nonconfidential.

 

8. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Oatman Farms’ designated agent as follows:

Designated Agent: Dax Hansen

Address: 15177 Skogen Lane NE
Bainbridge Island, WA 98110

Telephone Number: 866-762-8626

E-Mail Address: Eatfearlessly@oatmanfarms.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Oatman Farms for certain costs and damages.

 

9. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Oatman Farms does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Oatman Farms and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Oatman Farms Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Oatman Farms Parties of any third-party Claims, cooperate with Oatman Farms Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Oatman Farms Parties will have control of the defense or settlement, at Oatman Farms’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Oatman Farms or the other Oatman Farms Parties.

 

11. Disclaimers

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Oatman Farms does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Oatman Farms attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

 

12. Limitation of Liability

 

  1. To the fullest extent permitted by applicable law, Oatman Farms and the other Oatman Farms Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Oatman Farms or the other Oatman Farms Parties have been advised of the possibility of such damages.
  2. The total liability of Oatman Farms and the other Oatman Farms Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $50.00 or the amount paid by you to use our Services.
  3. The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Oatman Farms or the other Oatman Farms Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

 

13. Release

To the fullest extent permitted by applicable law, you release Oatman Farms and the other Oatman Farms Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

14. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

 

15. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Oatman Farms and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

  • No Representative Actions. You and Oatman Farms agree that any dispute arising out of or related to these Terms or our Services is personal to you and Oatman Farms and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
  • Arbitration of Disputes. Except for small claims disputes in which you or Oatman Farms seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Oatman Farms seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Oatman Farms waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Oatman Farms you agree to first contact Oatman Farms and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Oatman Farms by email at Eatfearlessy@oatmanfarms.com or by certified mail addressed to P.O. Box 13, Gila Bend, AZ 85337. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Oatman Farms cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Seattle, Washington unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 15, a “consumer” means a person using the Services for personal, family or household purposes. You and Oatman Farms agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
  • You and Oatman Farms agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

  • The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Oatman Farms, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
  • You and Oatman Farms agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Oatman Farms will pay the remaining JAMS fees and costs. For any arbitration initiated by Oatman Farms, Oatman Farms will pay all JAMS fees and costs. You and Oatman Farms agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
  • Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Oatman Farms will not have the right to assert the claim.
  • You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by emailing Eatfearlessly@oatmanfarms.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16 of Part One of these Terms.
  • If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable.

 

16. Governing Law and Venue

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Maricopa County, Arizona.

 

17. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.               

 

18. Amendments

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

 

19. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

20. Miscellaneous

  • The failure of Oatman Farms to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

  • Under California Civil Code Section 1789.3, California consumers 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 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Part Two: Terms of Sale

PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SERVICES.

1. Pricing and Availability

All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

 

2. Errors

We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Sites, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

 

3. Out-of-Stock Items

If the item you want is not listed as “in-stock,” it is not available for ordering. Please check back later. Some items may be unavailable even if the Services indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address.

 

4. Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Services may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

 

5. Shipping & Handling; No Export by You

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Services when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Services are estimates only — actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.

 

6. Payment; Credit for Refunds

We accept the following payment methods:

  • Payment Cards (Visa, MasterCard, American Express);
  • Cryptocurrencies (Bitcoin, Bitcoin Cash, Ethereum, Litecoin, and USD Coin) through Coinbase Commerce; and
  • Digital Payments through PayPal, Google Pay, Amazon Pay and Shop Pay.

All refunds will be credited to the same payment method or, in our discretion, another payment method. By submitting your order, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Services) to that card or other payment method. If the card (or other payment method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

7. Subscriptions

When purchasing a product subscription from Oatman Farms, you understand that you are enrolling in a subscription plan, automatically billed each future month on or about the same date as the original subscription order date until you cancel your subscription. Future orders will be shipped to you without any further action by you. All future orders will include the same products as the subscription portion of your original order, unless you change your subscription or we discontinue a product. Oatman Farms will charge the future monthly payments to the same method of payment used for the first subscription order.

You understand that you must cancel your subscription to stop future orders. You can cancel your subscription at any time by contacting Oatman Farms customer service at least 48 hours prior to the next scheduled subscription payment. Every effort will be made to accommodate cancelation requests made with less than 48 hours’ notice but cancellation cannot be guaranteed.

 

8. Refunds and Replacement of Products

If you are dissatisfied with your product purchase for any reason, please contact us at Eatfearlessy@oatmanfarms.com. For purchases made through the Services, we will either refund the purchase price and respective sales tax (if applicable) or replace your purchase. We do not provide refunds or replacements for products purchased from our retail partners. Please contact the store or website you made your purchase from for more information on their return policy.

 

9. Complaints and Legal Notices

All complaints and legal notices should be mailed to P.O. Box 13, Gila Bend, AZ 85337. If a law requires us to accept legal notices via email, call 866-762-8626 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.

 

10. Exclusive Remedy for Any Breach of Warranty; Limitation of Liability

Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty by us shall be your right to return the product or receive a refund.

IN NO EVENT SHALL THE OATMAN FARMS PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE OATMAN FARMS PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.

THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE THE OATMAN FARMS PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE OATMAN FARMS PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

11. Additional Terms for Specific Features or Services

Additional terms and conditions may apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.