Conditions of Use/Legal Notice

Last Updated February 7, 2025

Welcome to the Blain's Farm & Fleet website (the “Site”), which is owned and operated by Blain Supply, Inc. (“Blain’s,” “we,” “us,” or “our”). We are a retailer offering merchandise to consumers through our retail stores and the Site. We have developed this Site to provide you with information about our company and our merchandise. For purposes of these Terms of Use (the “Terms”), the Site includes our mobile application (the “App”).

ACCEPTANCE OF TERMS

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOU HAVE READ THESE TERMS AND ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING CONTRACT WITH BLAIN’S IN ACCORDANCE WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, THEN YOU SHOULD NOT ACCESS OR USE THE SITE.

CHANGES TO TERMS

WE MAY MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. IF WE MAKE MATERIAL CHANGES TO THESE TERMS, WE WILL CONSPICUOUSLY POST A NOTICE AT THE TOP OF THESE TERMS, ON THE SITE, OR OTHERWISE COMMUNICATE TO YOU. BY USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THIS SITE, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SITE AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.

COOKIES, PIXELS AND OTHER TRACKING TECHNOLOGIES

WE USE COOKIES, PIXELS, SESSION REPLAY AND OTHER TRACKING TECHNOLOGIES, (INCLUDING THOSE PROVIDED BY THIRD PARTIES) (COLLECTIVELY, “ADTECH”) ON OUR SITE. WE USE ADTECH TO COLLECT DATA ANALYTICS INFORMATION, RECORD HOW YOU INTERACT WITH THE SITE, WHERE YOU DIRECT YOUR MOUSE WHEN USING THE SITE, THE INFORMATION YOU TYPE AND OTHER USER RELATED ACTIVITIES AND TO SERVE YOU WITH TARGETED ADVERTISING.

BY VISITING AND USING OUR SITE, YOU ARE CONSENTING TO OUR USE OF ADTECH AND THAT WE MAY SHARE PERSONAL INFORMATION COLLECTED THROUGH THE USE OF ADTECH WITH OUR THIRD-PARTY ADVERTISING AND ANALYTICS PARTNERS. FOR MORE INFORMATION ABOUT HOW WE USE ADTECH ON OUR SITE, PLEASE SEE OUR PRIVACY POLICY.

ONLINE CHAT

YOU CAN CHAT WITH US WHEN VISITING THE SITE to request more information about the merchandise we sell. WE USE A THIRD-PARTY SERVICE PROVIDER TO PROVIDE THE online CHAT FEATURE. because this is an around the clock service, the chat may be administered by our customer service agents or our service provider’s bot program.

BY USING THE CHAT FEATURE ON THE SITE, YOU CONSENT TO YOUR INFORMATION BEING COLLECTED, USED, AND PROCESSED BY OUR LIVE CHAT PROVIDER ON OUR BEHALF OR USING A THIRD PARTY AI PROGRAM. We will handle any information we receive when you engage in Live Chat in accordance with our Privacy Policy.

TERMS

1. USE OF THE SITE

We provide you with the ability to use the Site for your personal use, including to purchase our merchandise, provided you comply with these Terms. You are responsible for payment of charges for all Internet and communications services needed to use the Site. You must be at least the age of majority in your place of residence to use the Site or place an order on our Site.

2. ADDITIONAL TERMS

These Terms apply to your use of our Site. Additional terms and conditions will apply to your purchase of merchandise from the Site and to specific features of the Site. Additional terms and conditions may also apply to Blain’s Rewards, the Blain’s Mastercard, our Extended Service Program, automotive services, sweepstakes, contests, coupons, promotions and more.

3. PRIVACY POLICY

We collect certain personal information from and about you, including when you use the Site, make purchases, or otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, and disclose your personal information.

4. INTELLECTUAL PROPERTY RIGHTS

Blain’s and its licensors are the sole and exclusive owner of the Site. The “Site” includes the www.farmandfleet.com domain, the content of the Site (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Site.

The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Site or the related intellectual property rights in the Site belonging to Blain’s or any third party is strictly prohibited. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Blain Supply.

Unless otherwise noted, FARM & FLEET, FARM AND FLEET, BLAIN'S FARM & FLEET, and BLAIN'S FARM AND FLEET, and other Blain’s graphics, logos, icons, and service marks are trademarks, registered trademarks or trade dress of Blain’s and protected under U.S. law and/or the laws of other countries. Blain's trademarks may not be used without our express written consent and may not be used in a manner that disparages or discredits Blain’s, causes confusion among customers, or be used in conjunction with any products or services that are not Blain's. Blain’s will take legal action against individuals using its trademarks or service marks in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

Access to the Site does not confer and shall not constitute a license to anyone to use Blain's or any third party's intellectual property rights.

5. ACCOUNTS

Certain features of the Site may require you to create an account with us (“Account”). Creation and use of your Account is governed by these Terms. You agree that any personal information you provide in connection with your Account will be true, current and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at customerservice@farmandfleet.com.

6. MERCHANDISE INFORMATION, COLORS, AND AVAILABILITY

We use reasonable efforts to accurately display the merchandise sold on the Site, including their sizes, colors, images, and other attributes. The actual color you see for merchandise pictured on the Site will depend on your monitor or mobile device. We cannot guarantee that the color of the product you choose will be identical to the color displayed on your monitor. Product descriptions are subject to change without notice. If a product offered on this website is not described accurately, your sole remedy is to return it in an unused condition for a refund. Please see our Shipping and Refund Policy for more details. In some cases, merchandise displayed on the Site may be unavailable, be limited to certain areas of the country or may not be available in our stores. Sales, promotions and special offers posted on the Site are subject to change without prior notice. The inclusion of any merchandise on this Site at a particular time does not imply or warrant that those merchandise will be available at any time.

7. MERCHANDISE ORDERS; NO RESALE; QUANTITY LIMITS

Nothing on this Site constitutes an offer to sell merchandise, but instead is an invitation for you to make an offer to purchase merchandise through the Site. When you place an order from the Site, we will send a confirmation we received the order, but all orders are subject to acceptance by Blain’s as quantities are limited. By placing an order with us, you represent and warrant that all billing and other information provided to us is truthful and accurate. Providing inaccurate or untruthful information may constitute a breach of these Terms. By confirming your purchase of merchandise during checkout, you also agree to accept and pay for the merchandise.

The prices displayed on the Site are quoted in U.S. Dollars and are only valid and effective in the United States. The prices are subject to change at any time without notice. The data contained on the Site may contain technical inaccuracies or typographical errors or omissions. We reserve the right to reject and cancel your order prior to shipment for any reason including for pricing errors, insufficient or incorrect payment, billing or shipment information, suspected fraudulent activity, previous fraudulent order history, or because the order is deemed to possess characteristics of reselling. We can only honor orders for merchandise placed and shipped within the United States. All offers from the Site are void where prohibited by law. We will contact you if additional information is needed to confirm or accept an order or if any portion of your order is cancelled for any reason.

Resale of merchandise purchased through this Site is expressly prohibited. Blain’s reserves the right, in its sole discretion, to limit the quantity of items purchased by any individual, household or order. Blain’s may apply these restrictions at its sole discretion. If you are interested in purchasing a significant quantity of a particular item, please contact us by emailing customerservice@farmandfleet.com.

8. PAYMENT PROCESSING

You may purchase merchandise from our Site using a credit or debit card. In addition, we accept payment when you use your PayPal or G Pay account. Payments you make are not processed on our Site and we do not obtain your payment account information when you use those payment methods. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor.

If we cancel your order and your credit card has already been charged for the purchase, we will issue a credit in the amount of the charge. If the payment information you submit is incorrect or invalid, your payment will not be processed. We will not be liable if a card issuer refuses to accept a credit or debit card or a payment processor refuses to process a transaction for any reason.

9. SHIPMENT AND RETURNS

For questions regarding shipping and returns of our merchandise, please visit our Shipping Policy available at https://www.farmandfleet.com/shipping-returns/.

10. GIFT CARDS

eGift Cards are sent to the recipient's email address when you successfully complete checkout. Gift Cards by mail are shipped within 72 hours, with delivery time dependent upon the U.S. Postal Service. eGift cards are usually delivered immediately, but can be delayed in cases when the recipient's mail server is not immediately responding or when the order requires manual review.

11. COMPLIANCE WITH LAWS

When you use the Site or place orders, you are responsible for complying with all applicable laws, rules, regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.

12. ACCEPTABLE USE POLICY

You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Blain’s prior written consent.
You may make personal use of the Site and will not use the Site for any commercial purposes.
You will not use the Site for unlawful purposes.
You will only provide us with true, accurate, and complete information when you use the Site.
You will not submit inaccurate, incomplete, or out-of-date data via the Site, commit fraud or falsify data in connection with your use of the Site, or act maliciously against the business interests or reputation of Blain’s or its affiliates.
You will not engage in data mining, data scraping or similar data gathering or extraction activities or retrieve data or other content from the Site. You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You will not collect or store information about users of the Site in any manner.
You will not use the Site to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.
You will not engage in activities designed to render the Site, an Account, or any associated computer systems inoperable or to make their use more difficult.
You will not attempt to gain unauthorized access to the Site, an Account or any associated computer systems.
You will not use the Site in a manner which is contrary to the purposes for which it was made available to you by Blain’s, or for any purpose that Blain’s deems objectionable.

13. USER GENERATED CONTENT

You may be able to post certain reviews, comments, photographs or other materials (collectively, “User Generated Content”) in connection with your use of the Site or through social media sites.

You grant Blain’s, its affiliates and third party service providers who provide hosting and content management services to Blain’s the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right and license to use (and to authorize others to use) your User Generated Content in any manner in our sole discretion in any media now or hereafter known.

You grant Blain’s the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Generated Content.

By submitting User Generated Content or other information to Blain’s you represent and warrant that you: (i) you own or have all legal rights to submit the User Generated Content; (ii) you have permission from all person(s) appearing in your User Generated Content necessary for Blain’s to use such User Generated Content without need for payment to you or any other person or entity; (iii) you and all person(s) appearing in your User Generated Content are not minors; (iv) our use of the User Generated Content will not violate the privacy or intellectual property rights of any third party; (v) your User Generated Content will not contain personal information or the likeness of another person without their prior express written consent; (vi) your User Generated Content may not include material that is unrelated to the merchandise offered by or available on the Site; (vii) the User Generated Content may not be false or misleading; (viii) the User Generated Content may be not libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity or other intrinsic characteristic, or otherwise unlawful; and (ix) you comply with our Acceptable Use Policy.

We have no obligation to pay you or any third party any compensation for any User Generated Content, to use or respond to your User Generated Content or to identify you in connection with any such use. We may remove or reject User Generated Content at any time.

14. USER GENERATED CONTENT DISCLAIMER

The User Generated Content represents the views of the user and may not represent the views of Blain’s. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.

15. FEEDBACK

Blain’s welcomes comments regarding the Site and our merchandise. If you submit comments or feedback to us regarding the Site or our merchandise, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any manner, including in connection with our operations.

16. DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Blain’s will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Site can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Blain’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Blain’s that your copyrighted material has been infringed. Blain’s does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

If we receive a clear and valid notice pursuant to the guidelines set forth below, Blain’s will respond by either taking down the allegedly infringing content or blocking access to it. Blain’s may contact the notice provider to request additional information.

Under the DMCA, Blain’s is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).

The Alleged Infringer is allowed under the law to send Blain’s a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Be signed; and
Be sent to our DMCA designated agent at the following address:

Blain Supply, Inc.
Website Communications Coordinator
P.O. Box 391
Janesville, WI 53547-0391
Phone: (608) 754-2821
E-Mail: customerservice@farmandfleet.com

17. SOCIAL MEDIA

We provide links to Blain’s social media pages (e.g., Facebook, X (formerly Twitter), Instagram, TikTok, Pinterest, and YouTube) on the Site (“Social Media Pages”). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms or the terms of the Social Media site. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on a Social Media Page, that is not an endorsement of that third party or any product, service or company they represent.

18. BLAIN’S MOBILE MARKETING MESSAGES; JOB APPLICANT TEXT MESSAGING PROGRAM

By subscribing to Blain’s mobile messages, you agree to receive autodialed marketing messages to the telephone number used at the time of opt in. Message frequency may vary. Blain’s does not charge for this service, but your mobile service provider’s message and data rates may apply. Consent is not required as a condition of purchasing any goods or services. Blain’s and participating mobile carriers are not liable for delayed or undelivered messages. Not all products are compatible with all cell phone models. These terms and conditions are subject to change. You can view our Privacy Policy by clicking here.

To subscribe to receive promotional alerts from Blain's, text JOIN to 45322.

Text STOP to 45322 to opt out.
Text HELP to 45322, or call: 800-210-2370 for assistance.

By enrolling in the job applicant text messaging program, you agree to the following terms and conditions: 1) when you opt in to receive text messages for your job application, you agree that you are the account holder for the phone number provided or have the account holder's consent to enroll and are at least 18 or older; and 2) the text message program is a message program that delivers information about how to apply for jobs at Blain’s and information about the recruiting process, such as your scheduled interview time or information about a job offer or job orientation if you are selected for a position. The texts are sent via automated technology. Message frequency may vary. Blain’s does not charge for this service, but your mobile service provider’s message and data rates may apply. Blain’s and participating mobile carriers are not liable for delayed or undelivered messages.

To enroll in our job applicant text messaging program, text JOIN to 97211.

Text STOP to 97211 to opt out.
Text HELP to 97211, or call: 800-210-2370 for assistance.

19. DISCLAIMER OF WARRANTIES

The Site is provided to you on an “AS IS” and “AS-AVAILABLE” basis. To the maximum extent permitted by applicable law, Blain’s expressly disclaims all express or implied warranties of any kind with respect to the Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.

However, Blain’s does not warrant or guarantee that the Site will meet your needs, be compatible with any standards or user requirements, the availability of the Site or that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the site available are free of viruses or other harmful conditions or components. Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Site.

Blain’s makes commercially reasonable efforts to ensure that the Site contains information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Site including any inaccuracies, typographical errors, or misstatements.

Blain’s expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. Blain’s has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Blain’s or in any manner from the site creates any warranty.

Blain’s expressly disclaims any liability for claims arising from or related to the use of AdTech or any online chat feature on our Site, including, but not limited to, session replay technology or any other advertising or website advertising or analytics technologies.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLAIN’S, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “BLAIN’S PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) ANY MERCHANDISE PURCHASED FROM THE SITE, (B) THE SITE OR ITS CONTENT, (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SITE), (D) USE OF YOUR ACCOUNT, (E) THE USE OF ADTECH OR ONLINE CHAT ON THE SITE OR (F) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF BLAIN’S IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BLAIN’S PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE SITE OR TO RETURN THE UNWORN, UNDAMAGED, OR DEFECTIVE MERCHANDISE AND TO REQUEST A REFUND FOR SUCH APPLICABLE MERCHANDISE PURSUANT TO OUR SHIPPING AND RETURNS POLICY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, ADTECH OR CHAT ON THE SITE OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

21. INDEMNIFICATION

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BLAIN’S AND THE BLAIN’S PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SITE OR THE USER GENERATED CONTENT; (C) ANY ACTIVITY OCCURRING UNDER YOUR BLAIN’S ACCOUNT; (D) YOUR SUBMISSION OF USER GENERATED CONTENT; (E) YOUR MISUSE OF ANOTHER PERSON'S PERSONAL INFORMATION; (F) YOUR INFRINGEMENT OR MISAPPROPRIATION OF BLAIN'S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (G) THE PAYMENT METHODS PROVIDED FOR PURCHASES BY YOU; (H) YOUR VIOLATION OF THESE TERMS OR (I) USE OF ADTECH ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS THUS THIS INDEMNIFIATION PROVISIONS MAY NOT APPLY TO YOU.

22. TERMS APPLICABLE TO NEW JERSEY CUSTOMERS

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Blain’s reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

23. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

WAIVER OF RIGHTS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SITE, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH BLAIN’S, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:
- ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
- ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:
- THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.
- THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below
Mutual Arbitration Agreement.
1. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this Section 12 (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
2. AAA Proceedings. Either you or the Company may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at www.adr.org or we can assist you in contacting AAA.
3. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.
4. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
5. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.
6. Confidentiality. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
7. Survival. This Arbitration Agreement provision will survive the termination of these Terms.
8. Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.
9. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands.
  
  The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.
  
  Blain’s does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Section 14. If the batching provision in this Section 14 is found to be invalid, unenforceable or illegal, then Section 14 shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.
10. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to a AAA mediator selected from a group of 5 mediators initially proposed by AAA. Blain’s and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.
  
  The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.
11. Opt-Out. If you wish to opt-out of this Arbitration Agreement, you must provide us your notice to opt-out within 30 days of the first date you visit or use our site. You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:
  
  Blain Supply, Inc.
  P.O. Box 5391
  Janesville, WI 53547
  
  If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver in Section 23(a).
12. Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Site, your Account, and the User-Generated Content.
13. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
14. Applicable Law. Wisconsin law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

24. GOVERNING LAW; VENUE

Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of Wisconsin, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Rock County, Wisconsin. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

25. THIRD-PARTY LINKS

Links to third party websites from the Site are provided solely as a convenience to you. Blain’s has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third party website, you do so at your own risk and Blain’s shall have no liability arising out of the operation or content of such third party sites.

26. COOPERATION WITH LAW ENFORCEMENT

Blain’s will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Site or with regard to our merchandise. YOU WAIVE AND HOLD BLAIN’S AND THE BLAIN’S PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

27. SITE UNAVAILABILITY

The Site or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Site, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

28. NOTICE FOR INTERNATIONAL USERS

The Site is hosted on servers located in the United States and is intended to be viewed only by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States. We do not guarantee that the Site or the sale of our merchandise are permitted in any country outside of the United States and we may refuse any orders from outside of the United States in our sole discretion.

29. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE OR GOOGLE PLAY

Acknowledgement. The App may be available through the Apple App Store or Google Play. You understand that these Terms are between you and Blain’s, and not with Apple Inc. or Google, Inc. (each an “App Distributor”). Blain’s, not an App Distributor, is solely responsible for the App. In the event that the rules and restrictions in these Terms related to your use of the App conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
Scope of License. The licenses granted to you for the App in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
Maintenance and Support. Blain’s is solely responsible for providing any App maintenance and you agree that the App Distributor has no obligation to furnish any App maintenance and support.
Warranty. Blain’s is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the App fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Blain’s sole responsibility.
Product Claims. You and Blain’s acknowledge that Blain’s, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the App, including any (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights. Blain’s, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the App and you must comply with applicable App Distributor terms when using the App.
Third-Party Beneficiary. You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the App, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.

30. MISCELLANEOUS

Termination. If you violate applicable laws or these Terms in connection with the use of the Site, you are immediately prohibited from further use of the Site. Blain’s may suspend or terminate the Site or your Account, in whole or in part, at any time. Blain’s shall not be liable to you or anyone else for any damages arising from or related to Blain’s suspension or termination of your access to the Site or your Account, or in the event Blain’s modifies, discontinues or restricts the availability of the Site or your Account (in whole or in part).
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.
No Third Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Blain’s.
Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Blain’s with respect to your access to and use of the Site.
No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Blain’s.
Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.
Successors and Assigns. These Terms inure to the benefit of Blain’s successors and assigns.
Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Site.
Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Blain’s may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

31. CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Blain’s with questions or comments regarding these Terms by email at customerservice@farmandfleet.com or calling us at (608) 754-2821.