Annie sez | Terms of Use



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Terms of Use Overview
By visiting www.anniesez.com (the “Website” or “Site”), you agree to be bound by these Terms of Use (the “Terms”). A & M (2015) LLC (referred to herein as “A & M (2015) LLC,” “we” or “us,” among other phrases) owns the Annie Sez brand (“Annie Sez”), along with certain other brands. The Annie Sez Website is provided as a service to customers, and it is subject to modification or updates at any time, with or without notice. Accordingly, please check these Terms periodically for your reference, and if you object to any of the Terms, please do not use or access this Site. Your use of or accessing of this Site constitutes your agreement to be bound by and to follow the Terms. In agreeing to these Terms, you represent that you are 18 years or older, or at least 13 years old and accompanied by a parent or legal guardian who has reviewed and agreed to these Terms.

Notice of Updates to the Terms
The Terms are up-to-date as of December 15, 2016.

Privacy Policy
To learn more about Annie Sez’s Privacy Policy, please visit the “Privacy Policy” portion of this Website.

Content of Website
All content of this Website, including text, images, and any other material (the “Content”) is owned and controlled by us, including with respect to copyrights, trademarks, intellectual property, and in all other respects. You are provided access to the Content solely for your personal and non-commercial use and have no other interest in the Content. No title, interest, or rights in the Content are conferred to you by your viewing or use of the Content, and you may not reproduce, publish, display, modify, sell, profit from, or exploit in any other way the Content of this Website, and any such misuse is both strictly prohibited by and subject to liability under state, federal, and international laws.

Promotional Programs
From time to time, we may decide to implement, modify, or terminate programs intended to promote products. For instance, we may offer customers coupons or codes to redeem discounts on the purchase of products. Such programs may be offered in stores, online, or however else we determine. To the extent that emails, phone calls, text messages, and other forms of communication are used to offer or operate promotional programs, you acknowledge and agree that you will first fully review any and all applicable terms and conditions. Such communications (e.g., emails or text messages) may be opted-out of at any time by you, and you acknowledge and agree that some communications, including emails and text messages, may be sent to you – and you agree to receive them – merely as follow-up confirmations that you have opted-in or opted-out of receiving certain communications (e.g., if you unsubscribe from promotional emails or text messages, you may receive a confirmation email or text message indicating that you have opted-out successfully).

Accuracy of Website’s Information
We do our best to ensure all information on the Website is as accurate as possible, including textual information, visual information (e.g., images of products), and more. However, there may be various inaccuracies with respect to information on the Website, or information may be outdated in certain ways. For instance, there may be typographical errors on the Website, or unintentional omissions of information. Further, with respect to other types of information beyond textual information, like information in the form of images or graphics on the Website, including photos of products, there may be differences (e.g., a product may appear to have a certain color, shape, or design online, which looks different in person). We reserve the right to modify, correct, or otherwise change any information on the Website at any time without any notice.

Returns & Shipping
For information about returns and shipping, please see the “Returns” and “Shipping Info” portions of our Website.

Information Regarding Orders
Communications in Connection with Orders
In entering into transactions on this Website (e.g., making purchases online) or setting-up user accounts, you understand and agree that we may send you communications regarding various products and services, including in the form of emails. Whereas emails commercial in nature may be opted-out of (generally through instructions in the emails indicating, for instance, how to unsubscribe), some emails will be necessary for completion of a transaction, including, for instance, for confirming purchases made online.

Confirmation of Orders
Generally, we send confirmation emails to confirm receipt of orders placed online, though such confirmation emails do not constitute acceptance of any such orders. We reserve the right to limit orders (for instance, with respect to quantity), refuse orders, or do any other similar actions without notice, and we may also require the provision of information prior to accepting or shipping any order.

Modification or Cancellation of Orders
We reserve the right to cancel or refuse any orders at any time, and may impose other restrictions on orders. Generally, we will attempt to contact you with information you provide to us to notify you about any such modifications or changes regarding orders you may place on this Site.

Availability of Merchandise / Products
Merchandise and products sold on this Website are subject to US laws and regulations, and we intend for all merchandise and products to comply with such laws and regulations. Other laws and regulations may apply for users outside of the US, and we advise such users to inform themselves of any such laws and regulations. We do not guarantee or represent in any way that we have any levels of stock for any merchandise or products. If you would like to verify stock of a certain product, please contact us at: customersupport@anniesez.com. If a purchase is completed and stock is sufficient, any item(s) purchased will ship and you will receive shipping confirmation, generally by email.

Social Interactions / User Comments
We may offer, at any time, functionality on this Website for certain social interaction purposes, including to allow users to review products or provide comments about products, and to have such reviews or comments be visible to other users browsing this Website. You agree in submitting reviews or comments that they do not violate any laws, regulations, third-party rights, or any other rights in any way, and that any and all such reviews and comments are not unlawful, libelous, offensive, obscene, or abusive in any way. You acknowledge and agree that only you bear full responsibility for your reviews and comments. Under these Terms, submission of reviews and comments on this Website grants us an irrevocable and unrestricted license to use such reviews and comments on this Website however we determine, in our sole discretion. However, any use we make of reviews or comments from users are not endorsements of such reviews or comments, and, to the maximum extent provided by law, we disclaim any liability for any of the reviews or comments of any users of this Website. We reserve the right to remove user reviews or comments for any reason at any time (e.g., if we determine that a review or comment is in violation of these Terms).

External Links
From time to time and on various parts of this Website, there may be links to external third-party websites – for instance, to social media websites – which are provided only for the convenience of individuals visiting this Website. You agree that we are not aware of, or responsible for, any content, policies, or anything else of or on websites that may be reached through these links.

Prohibited Conduct
Under these Terms, you acknowledge and agree that you shall not post, upload, copy, promote, tamper with, interfere with, or interact in any other way with anything on this Website in any way that could harm, or otherwise negatively impact, our brands, products, services, or business. Use of technical devices, codes, bots, etc. in any way to interfere with any other user’s use of this Website, or to navigate or otherwise access or use this Website in any way, is strictly prohibited.

Registration / Accounts
At any time, we may offer functionality on this Website for users to have personal accounts (i.e., accounts accessible through use of a username and password). You acknowledge and agree that retention of details of your account are your responsibility, and that you will exercise caution and discretion in keeping such details private, updated, and otherwise secure at all times. If at any time you lose your information for access to a personal account, or if you believe someone else has obtained this information, you agree to contact us immediately at: customersupport@anniesez.com. We may need to disclose details of your account to comply with laws or lawful government requests, and you hereby acknowledge and agree to such prospective disclosure(s).

Disclaimer of Warranty & Limitation of Liability
YOU USE THIS WEBSITE AT YOUR OWN RISK. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ON, OR THROUGH, THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. REGARDING OUR PRODUCTS OR THE PRODUCTS OF OUR BRANDS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND MERCHANDISE DESCRIPTIONS CONTAINED ON OR WITHIN OUR ORDER CONFIRMATION(S). THERE ARE NO WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL ELEMENTS. WE DO NOT MAKE ANY WARRANTIES WITH REGARD TO THE ACCURACY OR RELIABILITY OF THE SITE. WE ARE NOT LIABLE FOR THE CONDUCT OR ACTIONS OF ANY USER OF THE SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES, OF ANY KIND, ARISING FROM, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE OR THE INABILITY TO USE THIS SITE IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, ACTUAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT, OR OTHERWISE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT HAPPY WITH THE SITE IN ANY WAY, OR WITH ITS TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS NOT MENTIONED IN THESE TERMS.

Indemnification
Under these Terms, you agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, subsidiaries, and vendors harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from, related to, or in connection with your use of this Website, or any breach of these Terms.

Dispute Resolution
By using this Website, you agree that in the event any dispute arises, legal or otherwise (for instance, with respect to a transaction on this Website), you shall first attempt to resolve the dispute with A & M (2015) LLC and with Annie Sez, by sending us with written notice of the issue you experienced (with as much supporting facts, details, and documentation as possible), and allowing us at least 30 days to resolve the issue. You can contact us at customersupport@anniesez.com to submit such a notice, or write us at A & M LLC, 5901 West Side Avenue, North Bergen, New Jersey 07047. We will determine how best to respond to your notice on receiving it, including with respect to which contact information to use to reply to you on receipt of your notice. In the event the dispute is not resolved, you acknowledge and agree that any such unresolved dispute shall be settled through binding arbitration. To begin an arbitration, you must send a letter requesting arbitration to us at A & M LLC, 5901 West Side Avenue, North Bergen, New Jersey 07047. You agree that arbitration will be conducted by the American Arbitration Association (“AAA”). You can contact AAA for further information and visit its website, www.adr.org. Payment of all filing, administrative, and arbitrator fees will be governed by AAA’s rules. You agree that any dispute in arbitration will only be on an individual basis, and not as a class action, consolidated or joined action. The Federal Arbitration Act and federal arbitration law apply to this agreement. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE AN ACTION IN COURT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CONSOLIDATED ACTION, AND THE RIGHT TO CONDUCT DISCOVERY OR OTHERWISE PROCEED IN AN ARBITRATION BEYOND THE AAA RULES.

Applicable Law
Unless we indicate otherwise at any time, or alter this provision in the future with or without notice to you, the Terms shall be construed in accordance with the Federal Arbitration Act, applicable federal laws governing arbitration, and the laws of the State of Delaware, without regard to any conflict of law provisions, but subject to the Federal Arbitration Act and other federal laws relating to the arbitrability of claims. The waiver of any provision of these Terms shall not be considered a waiver of any other provision, or of our right to demand and require strict observance of all of these Terms. If any provision of these Terms is found unenforceable, or invalid, in any respect or for any reason, that provision shall be severable and all other provisions shall remain in full force and effect.

Resale of Product & Order Acceptance
We intend for only retail consumers to make purchases on this Website (e.g., purchasers who are making purchases on the Website for personal use), and you represent and agree by using this Website that you are not a reseller, exporter, or dealer (i.e., you agree that you are not such an individual who is making purchases on this Website in order to engage in subsequent transactions to re-sell or otherwise re-distribute the purchases you made on this Website). We reserve the right to refuse orders to resellers, exporters, or dealers, and to cancel accounts of such individuals if we discover such individuals are using this Website to make purchases in violation of this provision and / or these Terms.

Customer Service
If you require any assistance in connection with understanding any of these Terms, or if you have any other questions or comments, please contact us at: customersupport@anniesez.com or 201-868-6220 x2200.