Section 1 - Use of Services

 

You may use the Services only for your own non-commercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of Sweet Annie. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of Sweet Annie. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.

 

You may not use the Services for any of the following purposes:

 

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;

 

• Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct;

 

• Posting any information which is untrue, inaccurate, or not your own;

 

• Using or attempting to use another user’s account without authorization from such user and Sweet Annie;

 

• Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site, the App when available, and Services in any manner;

 

• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation locally, nationally nor internationally;

 

• Attempting to interfere in any way with the Platform, Sweet Annie’s network security, or attempting to use the Services to gain unauthorized access or re-sale to any other computer, physical or digital system;

 

• Using the Services to drop ship merchandise to third parties;

 

• Purchasing in bulk for resale;

 

• Purchasing products for commercial use or in connection with distribution via a commercial medical service (e.g. hospitals; doctors, etc.); and,

 

• Shipping products for use within and outside of the United States. 

 

 

Section 2  - Sweet Annie Membership Account

 

A. Membership

 

In order for you to take advantage of the Services, retail stores will be required to sign up for a Sweet Annie Account (an “Account”). Currently, there are no account fees (the “Account Fees”) as of January 1, 2025. Account Fees may change and be updated anytime at the discretion of Sweet Annie. All Account Holders will be notified up to one [1] month via email prior to any changes to Account Fees. Account Fees will be paid in advance for products and services purchased only and within the Account Term; such term will vary based on the initial account period you make purchases, i.e. 1 year, 1 month, etc. (the “Membership Term”). If no products and services are purchased after a twelve [12] month period for retail stores and eighteen [18] months for customers from the opening of your membership account, accounts are deleted automatically after the aforementioned membership period.

 

AUTOMATIC RENEWAL TERMS: All Account Memberships renew automatically for the Membership Term, following the initial purchase, until you cancel. YOU ACKNOWLEDGE AND AGREE THAT SWEET ANNIE ACCOUNT MEMBERSHIP, IN ANY FORM, CONTINUES INDEFINITELY UNLESS OR UNTIL YOU CANCEL THE MEMBERSHIP.  IF YOU DO NOT CANCEL, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW VIA THE ABOVE TERM USAGE MONTHS ON EACH ANNIVERSARY UNTIL YOU CANCEL. You accept responsibility for all purchase charges prior to cancellation, including any charges processed by Sweet Annie after the expiration date of your payment card, where applicable.

 

CANCELLATION POLICY FOR ACCOUNT MEMBERSHIPS: You may cancel your Membership at any time by contacting Member Services at info@sweetannie.us. Upon cancellation you will not be charged for any subsequent renewal periods upon an Account Fee implementation and your Account Membership will not continue past the then current Membership Term. However, all Account purchases paid prior to termination of your Account Membership are non-refundable and you shall be responsible for any charges for the Account Membership prior to your cancellation, when applicable.

 

First-time account holders may cancel for any reason within their membership time period; such retail stores and persons at time of cancellation will not forfeit their ability to place orders with Sweet Annie at the time of their cancellation confirmation. If you place an order after your cancellation has gone into effect, or if you reactivate your cancelled member account, you will be charged at the then-current products and services rate purchased without being charged any fee.

 

CHANGES TO ACCOUNT MEMBERSHIP PRICE: We reserve the right to adjust pricing for our Memberships, Services, or any components thereof in any manner and at any time in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Account Membership Fees will take effect following aforementioned notice to you.

 

B. Upcoming Trial Membership Offers

 

Sweet Annie currently offers free Account Membership. When Account Membership fees are implemented, we may offer free trial Account Memberships (“Free Trial”) when activated. The terms and conditions of such Free Trial will be communicated to you when you sign up for the Free Trial.

 

AUTOMATIC RENEWAL FOR TRIAL PERIODS: Once your Free Trial ends, we will begin billing your designated payment method the then-current annual Account Membership Fee (plus any applicable taxes and other charges) on a recurring basis on each annual anniversary (plus any applicable taxes and other charges) for your Membership Term until you cancel your Membership. 

 

CANCELLATION POLICY FOR TRIAL PERIODS: You may cancel your Free Trial at any time prior to the end of your applicable trial period by contacting info@sweetannie.us with CANCEL MY ACCOUNT MEMBERSHIP in the subject line. 

 

Section 3 - Modification of Service or Terms; Errors 

 

A. Modification

 

Sweet Annie reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.

 

B. Typographical Errors

 

We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted). In the event that a product or service sold is mistakenly listed at an incorrect price or an incorrect amount is charged to your payment card, Sweet Annie reserves the right to refuse or cancel any orders placed for the product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged for the purchase and your order is cancelled, Sweet Annie shall issue a credit to your payment method account.

 

Section 4 - Prices & Savings

 

A. Prices & Reference Prices

 

Prices for Services and any products made available through the Services are subject to change without notice. 

 

Our Services utilize reference prices throughout the Platform which are the Manufacturer’s Suggested Retail Prices (“MSRP”) provided by Herbal Results Industries, a national brand of products. For product distribution, the reference price for individual brand products is the MSRP of the brand product as determined in our sole discretion (collectively “Reference Prices”).  Reference Prices do not imply or guarantee that a retail store and customer cannot purchase the product at a lower cost with a different distributor, and may not reflect the prevailing market price of a product. We do not guarantee the accuracy of such materials and information. All prices and savings, including Reference Prices and projected savings, are subject to change at any time without notice. Although we make efforts to maintain the accuracy of information maintained on our Platform, including pricing information and product details, we may occasionally make errors in the stated prices on the Platform. If there is an error, we will correct the mistake.

 

B. Savings Estimates & Calculations

 

Our Platform and Services estimate projected savings for each retail wholesaler and customer based on a customer’s testimonials to our product and services prices as compared to Reference Prices and medical fees for treatment of major illness averaged over time, short and long term. All projected and stated savings are solely estimates and are subject to change at any time without notice. We make no guarantees that a retail wholesaler and customer will save the projected or estimated amount, however, distributor prices are customarily discount savings based on bulk item purchase and product distribution availability.

 

 

Section 5 - Your Consent to Receive Emails, Text Messages & Other Communications

 

You expressly consent to receive and accept communications from Sweet Annie, including via e-mail, push notifications, text messages (together, “Communications”) or other comparable means at any of the e-mail addresses and/or telephone numbers you provide. You agree that we may send such Communications for any transactional, customer service, order, or other account- or order-related matters, and, as applicable, for advertising, marketing or promotional purposes or other purpose you requested or consented too (i.e. out of stock reminders). The messaging frequency will vary.

 

If you consent to receive marketing-related text messages, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF SWEET ANNIE MARKETING COMMUNICATIONS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS. EVEN IF YOU OPT OUT OF MARKETING COMMUNICATIONS OR TEXT MESSAGES, WE MAY STILL SEND YOU OTHER ESSENTIAL COMMUNICATIONS DIRECTLY RELATED TO YOUR ACCOUNT OR ORDERS.  In response to our text messages, you may Reply HELP for help. Reply STOP to unsubscribe. Standard text messaging and data charges will apply to text messages we may send.

 

 

Section 7 - Promotions and Offers

 

From time to time, we may provide promotions or offers for qualified customers (“Promotions”), such as sales, special discounts, free gift with purchase and sweepstakes.  Promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last, are limited to quantities on hand, are limited to one per customer, are not applicable towards the purchase of gift cards or memberships, and may not apply to certain merchandise. Any required spend amount refers to the purchase price of eligible products and does not include tax. Certain exclusions or other restrictions may be determined and communicated by Sweet Annie in its sole discretion. No substitutions or cash redemption is available. Sweet Annie reserves the right to make the final decision with respect to any redemption or fulfillment of any Promotion in its sole discretion. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion is an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and Sweet Annie reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation or modification at any time. 

 

Free Gift with Purchase(s) (“GWP”)  is a type of Promotion, where we offer a gift(s) with a qualifying order. In order to receive the GWP, you must meet the minimum order value or other stated requirement(s). See the applicable GWP terms for more details about the specific value.  Memberships, upcoming gift cards, and retail orders cannot be used toward the minimum order value. Selection and value of gifts may vary. We reserve the right to cancel or modify the GWP Promotion at any time and for any reason, with or without prior notice. GWP Promotions cannot be combined with any other gift with purchase offers.

 

 

Section 8 - Sweet Annie Heals Program

 

In order to further our mission to make healthy and sustainable living accessible for all, we established the Sweet Annie Heals program to help our communities get access to permanent health protocol and products. The program provides three years of membership to Sweet Annie and special discounts, products or other items to qualifying individuals who are part of the Sweet Annie Heals program (“Sweet Annie members”). Each Sweet Annie Heals member will receive a one-time credit to offset the price of one product with a USD$40 value. After the three year membership period has expired and unless you have applied and been approved for an additional year of Sweet Annie Heals support, your membership renews automatically for the Membership Term, at the then-current Membership rate, if any, and until you cancel. See Section 2 - Membership for further details. 

 

By accepting any membership or offer from the Sweet Annie Heals program, you agree to accept these Terms and any separate terms and conditions applicable to the Sweet Annie Heals program. All Sweet Annie Heals offers are valid through their stated expiration dates, may be limited to specific quantities, may be subject to a maximum discount, are valid while supplies last, are limited to quantities on hand, are limited to one per household, and certain exclusions may apply. 

 

If you have gifted funds to the Sweet Annie Heals program, we will distribute any such funds value for the committed purpose. We reserve discretion in the method, timing and other aspects of how gifted funds may be distributed. 

 

The Sweet Annie Heals program and any aspects of it may be suspended, modified, or revoked at our sole discretion without prior notice to you. 

 

From time to time, we ask for testimonials, photos, videos or other user-generated content from Sweet Annie members, retailers and customers about their experience with all products, services and the Sweet Annie program. You agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use content submitted by you in response to our requests. See Section 15 - User Comments, Feedback, and other Submissions for further details. 

 

For more details about the Sweet Annie Heals program, how to apply or gift, please visit our Sweet Annie Heals page coming soon, or you may donate any amount to the Sweet Annie Heals Program to support the already affordability of our distributed products and services for organizations and individuals we help by using our Sweet Annie Heals program donation link here.

 

Section 9 - Accuracy, Completeness, and Timeliness of Information

 

A. Accuracy, Completeness, and Timeliness of General Information

 

We are not responsible if information made available on the Services is not accurate, complete, or current.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, and use of the health information, products and service provided on the Sweet Annie website platform.

 

B. Accuracy of Billing and Account Information

 

When you sign up for a Membership or purchase any product or service made available through the Services (each such purchase, a "Transaction"), you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and credit card account information, expiration dates and shipping address, so that we can complete your Transactions and contact you as needed.

 

You may only have one Membership per household.  If you have obtained multiple promotional discounts as a result of setting up multiple Memberships for a single household, we may charge you the difference for any products purchased with a discount obtained in violation of these Terms. We shall have the sole discretion to cancel your Membership Account, modify any orders that you have placed through the Services, and refuse any order you place with us.

 

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, brokers or distributors.

 

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

Section 10 - Additional Terms and Conditions; Risk of Loss; Return Policy

 

A. Additional Terms & Conditions

 

You agree that additional terms and conditions may apply to specific products, orders, or use of certain portions of the Services, including with respect to ordering and shipping policies, review guidelines, Returns Policy, and refer-a-friend programs (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

 

B. Risk of Loss

 

All purchases of physical items from Sweet Annie are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier (i.e delivery services, such as Federal Express, USPS, etc).

 

C. Return Policy

 

As an online distributor, we rely on shipping to service our members, retail clients and customers and due to our commitment to reducing our carbon footprint, we do not accept returns of any item once it ships. Unless there is an exception we make at our sole discretion, we may accept returns of any item after it ships in the event that the item[s] is unopened and unused. Please review our full Returns Policy. 

 

Section 11 - Optional Tools or Links

 

We may provide you with access to our third-party tools or links over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.

 

Section 12 - User Comments, Feedback, and other Submissions

 

If you send to us user-generated content, such as photos, videos, creative ideas, testimonials, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online (via our website or any of our social media accounts (Facebook, Instagram, etc), by email, postal mail, text message or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments. 

 

We may, but have no obligation to monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. 

 

You agree that: (i) your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (ii) we disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute them. You are responsible for all your activity in connection with the Services, and you agree that we may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

 

 

Section 13 - Services Not for Minors

 

The Services are not targeted toward or intended for use by anyone under the age of 7. By agreeing to these Terms, you represent that you (a) are 16 years of age or older, (b) are a legal resident of the United States and/ or your country of origin and nationality, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Sweet Annie account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

 

Section 14 - Copyright Infringement

 

If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Sweet Annie’s Designated Agent, whose contact details are listed below:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

 

• Identification of works or materials being infringed;

 

• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sweet Annie is capable of finding and verifying its existence;

 

• Contact information about the notifier including address, telephone number, and email address;

 

• A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and,

 

• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Upon receipt of a proper notice of copyright infringement, we reserve the right to:

 

• remove or disable access to the infringing material;

 

• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and,

 

• terminate such content provider's access to the Services if he or she is a repeat offender.

 

Please contact Sweet Annie's Designated Agent at the following address:

 

Sweet Annie

Attn: Executrix Office

325 North Maple Drive

General Post-Office Box 5235

Los Angeles County, California 90209

 

 

Section 15 - Personal Information

 

Your submission of personal information through the Services is governed by our Privacy Policy.

 

Section 16 - Disclaimer – No Professional Advice

 

Any information provided by us regarding the products or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

 

YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL at info@herbalresults.net BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR HOMEOPATHIC SUPPLEMENT OR EVEN CERTAIN FOODS. Sweet Annie does not warrant and shall have no liability for information provided in the Services regarding recommendations concerning nutrition for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with an Herbal Results® Inc. healthcare professional. The claims made about specific nutrients or products have been evaluated by the FDA. Herbal Results® extracts and products are intended to heal or prevent dis-ease.

 

Section 17 - Taxes

 

Your total price will include the price of the product plus any applicable sales tax; such state and local sales taxes are based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where goods sold over the Internet are taxable.

 

Section 18 - Prohibited Uses

 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for any reason, in our sole discretion and with or without notice to you.

 

Section 19 - Disclaimer of Warranties; Limitation of Liability 

 

Sweet Annie attempts to display information on the Services as accurately as possible. However, Sweet Annie does not guarantee or make any representations or warranties concerning any content contained in or accessed on the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT (ii) ANY WARRANTIES THAT ARISE FROM TRADE USAGE, OR (iii) THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF SWEET ANNIE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL SWEET ANNIE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SWEET ANNIE, OR FROM EVENTS BEYOND SWEET ANNIE’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWEET ANNIE’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SWEET ANNIE ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO SWEET ANNIE IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SWEET ANNIE’S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

 

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWEET ANNIE AND YOU.

 

WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY WHERE OR TO THE EXTENT THAT IT WOULD BE UNLAWFUL. CERTAIN STATE OR NATIONAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE "GOVERNING LAW" SECTION OF THESE TERMS OF USE, THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Section 20 - Indemnification

 

You agree to indemnify and hold Sweet Annie and its affiliates, directors, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Site or upcoming App, and (d) your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

 

Section 21 - Assignment

 

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Sweet Annie’s prior written consent. We may transfer, assign, or delegate these Terms, and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.

 

Section 22 - Termination

 

The obligations and liabilities incurred prior to the termination of your Membership or use of our Services shall survive the termination of these Terms for all purposes. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate your Membership and access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

 

Section 23 – Dispute Resolution and Arbitration Agreement 

 

PLEASE READ THE FOLLOWING  ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SWEET ANNIE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

 

BINDING ARBITRATION:

 

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings arising out of or related to these Terms, the Services or products sold on the Services, or to your relationship with Sweet Annie (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Sweet Annie agree (a) to waive your and Sweet Annie’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, content or products, resolved in a court, and (b) to waive your and Sweet Annie’s respective rights to a jury trial. Instead, you and Sweet Annie agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

 

No Class Arbitrations, Class Actions or Representative Actions: You and Sweet Annie agree that any Dispute arising out of or related to these Terms, the Services or products sold on the Services is personal to you and Sweet Annie and that such Dispute will be resolved solely through individual arbitration and Estate law, and will not be brought as a class arbitration, class action, or any other type of consolidated or representative proceeding.  Sweet Annie and you further agree to not participate in any class, consolidated or representative proceeding (existing or future) brought by any third party arising out of or relating to any dispute with a third party. These limitations and waiver of class, consolidated, or representative proceedings shall apply to any claims asserted by you against any present or future parent, subsidiary, partner or affiliated company of Sweet Annie, and shall survive any termination of your account or the Services.

 

If it is determined that the limitations and waiver of class, consolidated, or representative proceedings set forth in this section title are void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the Disputes will not be subject to arbitration and Estate law, and must be litigated in Federal court located in Los Angeles, California.

 

If any other clause in the limitations and waiver of class, consolidated, or representative proceedings set forth in this section title are found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

 

Notice; Informal Dispute Resolution

 

You and Sweet Annie agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within six (6) months of (i) the date it arises or (ii) the date they knew or should have known, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Sweet Annie shall be sent by certified mail, courier or email to burks, annie marie., Attn: EXECUTRIX OFFICE, North Maple Drive - 325, #5235, Los Angeles County, California 90209 or to info@sweetannie.us. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Sweet Annie account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically. If you and Sweet Annie cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Sweet Annie may, as appropriate and in accordance with this Section, commence an arbitration or Estate proceeding or, to the extent specifically provided for above, file a claim, and you may file a claim in court.

 

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND SWEET ANNIE AGREE THAT ANY ARBITRABLE DISPUTE MUST BE COMMENCED OR FILED BY YOU OR SWEET ANNIE WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

 

You and Sweet Annie agree that any arbitration and Estate law enforcement will be conducted confidentially in accordance with Federal law and the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The arbitration will be conducted via telephonic/video hearing in a manner consistent with the JAMS rules.  Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The parties consent to exclusive venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California to enter judgment upon any award.

 

As limited by the  Federal Arbitration Act, 9 U.S.C. § 1 et seq. [the “FAA”], and the Foreign Soveriegnty Immunity Act, Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code [the “FSIA”], these Terms and the applicable JAMS rules, the arbitrator will have [a] the non-exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and [b] the non-exclusive authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. And, the arbitrator's decision or award in one person's or entity's case can only impact the person or entity that brought the claim, not other Sweet Annie users, and cannot be used to decide other disputes with other users.

 

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Sweet Annie will not pay the additional cost. Sweet Annie shall also not bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. You are responsible for all costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless Sweet Annie is specifically required to pay such fees under applicable law.

 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by writing to: burks, annie marie., Attention: EXECUTRIX OFFICE, North Maple Drive - 325, #5235, Los Angeles County, California 90209. The opt out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration. 

 

Subject to the section title "No Class Arbitrations, Class Actions or Representative Actions," above, if any part or parts of this Arbitration Agreement or Estate law in this Section are found to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement and Estate law shall continue in full force and effect.

 

Section 24 - Choice of Law and Venue

 

These Terms and your relationship with Sweet Annie are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any Disputes arising from or relating to these Terms, the Services or products sold on the Services, or to your relationship with Sweet Annie shall be finally settled in arbitration in Los Angeles County, California, in English to the extent required by Section 26. The arbitration will be conducted via telephonic/video hearing in a manner consistent with the JAMS rules. The parties agree to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California to resolve any Disputes not subject to arbitration as set forth in Section 23—i.e., those either party seeks to bring as an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property.  You and Sweet Annie agree that these Terms affect interstate commerce and that the enforceability of Sections 23 shall be both substantively and procedurally governed by and construed and enforced in accordance with the FAA and/ or the FSIA, to the maximum extent permitted by applicable law.

 

Section 25 - Miscellaneous

 

The failure of either you or Sweet Annie to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.