Welcome to www.anniesannuals.com ! You have reached a website and/or its subdomains (the “Site” or “Sites”) that is owned and operated by ApisRegina Inc. d/b/a Annie’s Annuals & Perennial and/or its affiliates, related entities, divisions, subsidiaries, or parent companies (“Annie’s Annuals,” “we,” “our,” or “us”). Please read these terms carefully. By accessing or viewing the Site or participating in or using any service offered on this Site (collectively, the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). These Terms form a contract between you and Annie’s Annuals, and if you are using the Site or Services on behalf of a company or organization, such company or organization will also be considered a party to these Terms.

From time to time, Annie’s Annuals may decide to modify, add, or delete portions of these Terms and will post those changes here. If Annie’s Annuals does so, your continued use of the Site or the Services after any such changes have been made means you agree to such changes. The amended Terms will automatically be effective when posted on this Site. In addition, Annie’s Annuals reserves the right to change and improve the features and functionality of the Services at any time, which includes adding, modifying or removing features and functionality of the Services, or updating how our Services are provided. Annie’s Annuals further reserves the right to suspend or terminate the Services for any reason or at any time.

Please note that these Terms contain an arbitration clause and a waiver of class action and jury trial at Section 20 below.

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Site and our Services, you indicate that you understand and consent to the collection, use, and disclosure of your information as described in our Privacy Policy. Our Privacy Policy may provide additional options to opt out of the sharing of this information depending on the jurisdiction in which you reside.

In connection with your use of the Site and Services, you may occasionally be asked to consent to policies or terms and conditions in addition to these Terms. Please read any supplemental policies and terms carefully before making any use of such portions of the Site or Services. Any supplemental terms will not vary or replace these Terms regarding any use of our Site or Services unless otherwise expressly stated. To the extent that additional rules and guidelines affect your use of our Services, those rules and guidelines are incorporated by reference into these Terms.

By using the Site and our Services, you agree that we may communicate with you electronically regarding your use of the Site or Services and that any notices, agreements, disclosures or other communications that Annie’s Annuals sends to you electronically will satisfy any legal communication requirements including any requirement that the communications be in writing. To withdraw your consent from receiving electronic notices, please notify us at [email protected].

The Site may contain links to third party websites that take you outside of Annie’s Annuals websites and Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. We recommend that you read those policies; we do not accept responsibility for the terms of use under different privacy policies.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, the payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we are not responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any claims incurred as the result of any such dealings.

You may not access or use, or attempt to access or use, the Sites or the Services to take any action that could harm us or any third party, interfere with the operation of the Sites or the Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

Violating the security of the Site or the Services is prohibited and may result in criminal and civil liability. We reserve the right to investigate incidents involving such violations and may involve and cooperate with law enforcement if a criminal violation is suspected. We reserve the right to suspend or terminate our access to the Site or the Services for any or no reason at any time without notice.

Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

Annie’s Annuals has taken care in the preparation of the content of the Site, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information or products contained in any of the materials on the Site.

All products/services and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the Terms as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Annie’s Annuals prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

We hereby disclaim any guarantees of exactness as to the texture, finish, exact color, and appearance of the final product as ordered by the user.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. If an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to our dispatch of the product that you have ordered. If we must cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.

Products that are damaged or defective are subject to a full refund minus shipping expense. Upon receipt, open the box immediately to determine if there is any damage to the plants. If plants arrive damaged, please contact us within 48 HOURS OF ARRIVAL using the information in the Contact Us section below, so we can make a note in your file. If there is some plant damage, please give the plant a chance to recover. Most plants recover quickly. If you believe there is considerable damage, let us know immediately and we'll be glad to take steps to make it right.

To apply for a refund or replacement, you must send a photo of the defective/damaged item and a description of what happened. Refunds and replacements are only available within 30 days of delivery. After we receive the photographs, and subject to verification of the purchase and condition of merchandise, we shall process a store credit or refund for the original purchase price, excluding any shipping or handling costs, within 10 working days of receipt of the photographs. Refunds of payments will only be credited back to the payment method which was used when purchasing the original order. Please note that we shall not be responsible for any delays in credit to the cardholder’s credit / debit card account as that is managed by the cardholder’s issuing bank.

To access and use the Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account. We therefore urge you not to share your Account credentials with anyone. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Site at any time and for any or no reason. Annie’s Annuals will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you will (i) stop using the Site and any information obtained from the Site, and (ii) destroy all copies of your account information, password and any information obtained from this Site.

Annie’s Annuals reserves the right to refuse service, cancel product or service orders, terminate accounts, or remove or edit content, in its sole discretion. If you use an Annie’s Annuals account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and the Services. You also agree to use your account only for a lawful purpose. You may not use your account or the Site or Services for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability. You also agree to notify us immediately of any unauthorized access to or use of your account.

You agree not to access the Site by any means other than through a commercially available web browser. You are not permitted to upload material onto the Site that you should know or do know infringes on the intellectual property rights of others, and you may not upload material that places unnecessary load so as to affect the performance of the Site, or Annie’s Annuals systems and equipment. You may not use the Site or the Services in a manner that could block access to, impair, damage or otherwise disable Annie’s Annuals or any of its servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems, or networks through password mining, keystroke logging, hacking, or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable federal, state, and international laws.

Please note that the transmission of confidential, sensitive, privileged and/or financial information via email is not secure. Any confidential or personal information requested by Annie’s Annuals should be submitted securely, via a file transfer protocol (FTP) or similar secure application. If you have any concerns about the transmission of such information, please contact our office by phone for further instructions.

Unless specifically requested, Annie’s Annuals does not wish to receive any confidential, proprietary, or trade secret information from you via the Site (including via contact email or forms made available on the website). You remain fully responsible for the materials or submissions that you provide to use, including, without limitation, any information, requests, creative works, pictures, photographs, idea submissions, suggestions, business plans, concepts, methods, systems, designs, plans, techniques, or demos in any media including photographs, graphics, audiovisual media or other material submitted, posted, uploaded, sent or otherwise transmitted to us through this Site or via our social media (“Submitted Material”). Accordingly, if you send us any Submitted Material, you grant Annie’s Annuals a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Annie’s Annuals any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Annie’s Annuals any Submitted Material, you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Annie’s Annuals to use Submitted Material as permitted by the license in this Section.

In addition to the rights applicable to any Submitted Material, when you post comments or reviews to the Site or via mentions in social media or third-party websites, you also grant us the right to use the name, username, or profile that you submit with any review, comment, or other content, in connection with such review, comment or other content. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submitted Material, including reviews, comments or other content. We may, but shall not be obligated to, remove or edit any Submitted Material (including comments or reviews) for any reason.

You agree not to provide Submitted Material that:

Since Annie’s Annuals does not control the Submitted Material, we do not guarantee the truthfulness, integrity, suitability, or quality of the Submitted Material, and we do not endorse such Submitted Material. We are not obligated to use your Submitted Material and may delete, modify, reuse, move or remove any Submitted Material at any time. We do not guarantee any confidentiality with respect to any Submitted Material. Under no circumstances will Annie’s Annuals be liable in any way for Submitted Material made available through the Site or social media by you or any third party.

This Site contains content that is protected by copyrights, trademarks, service marks, trade dress, patents, moral right, or other proprietary rights under the intellectual property laws of the United States and other countries (“Content”), and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or otherwise indicated on the Site, Annie’s Annuals or its third-party licensors own all Content on this Site including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. All trademarks displayed on our Site are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, any use of trademarks or links to the websites of third parties is not intended to imply that those third parties endorse or have any affiliation with Annie’s Annuals.

Your use of this Site shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provide that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines, or other proprietary rights notices. You may provide a link to the top page of the Site unless and until Annie’s Annuals gives you notice that you must discontinue linking to the Site. You may not publish, reproduce, distribute, display, perform, modify, transmit, participate in the sale of or transfer or, or create derivative works based on any Content, including Annie’s Annuals name and logo, in whole or in part, without our prior written consent. You may not store electronically any significant portion of any Content from this Site. The use of Content from this Site on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without Annie’s Annuals prior written approval.

For permission to use Content from this Site or from marketing material authored and distributed by Annie’s Annuals, you must request written permission in advance and provide full attribution. Permission should be requested by contacting [email protected].

Annie’s Annuals respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Annie’s Annuals will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Annie’s Annuals will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Annie’s Annuals Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Copyright Agent
Annie’s Annuals & Perennials
801 Chesley Ave.
Richmond, CA 94801
[email protected]

While Annie’s Annuals considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you should seek the advice of an attorney.

You agree to defend, indemnify, and hold harmless Annie’s Annuals, its affiliates, related entities, divisions, subsidiaries, or parent companies, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Site or Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the Site.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE SITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITED THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OR ANY RIGHT OF PRIVACY; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR THE SERVICES; (4) WARRANTIES RELATING TO THE COMPLETENESS, ACCURACY, RELIABILITY, CORRECTNESS OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTIES OF TITLE. FURTHER, ANNIE’S ANNUALS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT (1) THE SITE, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; (2) THE SITE OR ANY EMAIL WE SEND YOU, OR THE SERVER THAT MAKES THE SITE OR EMAILS AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR DEVICE OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL ANNIE’S ANNUALS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES (OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ANNIE’S ANNUALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ANNIE’S ANNUALS AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, ANNIE’S ANNUALS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIENT DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISIFIED WITH THE SITE, YOUR SOLE REMEDY IS TO STOP USING THE SITE.

If you have a dispute with us or one or more users of the Site or the Services, you release Annie’s Annuals (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Annie’s Annuals reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content or Services, at any time and for any reason without prior notice or liability. You may terminate these Terms of Use by discontinuing your use of the Services and access to the Site. Annie’s Annuals also reserves the right, in its sole discretion, to cease providing the Services and this Site at any time.

If any provision of these Terms is held in whole or in part to be invalid, void, or unenforceable in any jurisdiction for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.

These Terms of Use will be governed by the laws of the United States and the State of California, as applicable, without resort to any conflict of laws provisions. By using the Site, you waive any claims that may arise under the laws of other countries or territories.

With respect to any and all disputes arising out of or in connection with the Site, the Services, or these Terms (including, without limitation, the Privacy Policy), Annie’s Annuals and you agree to first negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Annie’s Annuals do not resolve any dispute by informal negotiation within 60 days of the date of written notification of the dispute to Annie’s Annuals, then either of the parties may, by notice to the other, demand mediation under the supervision of JAMS (“JAMS”) in Contra Costa County, California. If settlement is not reached within 90 days after service of a written demand for mediation (which time can be extended with written agreement of both parties), any unresolved controversy or claim will be resolved by initiating binding arbitration in accordance with the rules of JAMS before a single arbitrator in Contra Costa County, California. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be assessed in a different way, and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, conducted expeditiously. Both you and Annie’s Annuals understand that you are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis and neither you nor Annie’s Annuals will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding, regardless of any statute or law to the contrary. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

You agree that Annie’s Annuals is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision, and you and Annie’s Annuals understand that you are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Any disputes that are not handled by arbitration shall be filed only in the state and federal courts located in Contra Costa County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

You may not assign any rights granted to you or delegate any of your duties hereunder, and any attempt to do so is void and of no effect. Annie’s Annuals may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and Annie’s Annuals. Annie’s Annuals does not guarantee continuous, uninterrupted or secure access to this Site or the Services, and operation of the Site may be interrupted by numerous factors outside of its control. Annie’s Annuals failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. The following sections survive any termination or expiration of this Agreement: Prohibited Conduct; Security; Accuracy of Content and Invitation to Offer; Shopping Rules and Provisions; Refunds and Returns; Account Creation; Use of Account; Risk of Loss; Submitted Materials; Intellectual Property; Claims of Infringement, Indemnification; Disclaimers; Limitation of Liabilities; Release; Severability; Applicable Law; Jurisdiction; Dispute Resolution; Class Action and Jury Trial Waiver; and General. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive.

We are committed to making the website’s content accessible for all. If you are having difficulty accessing, viewing, and/or navigating the content on the website, or if you notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call (888) 266-4370 or email us at [email protected] with “Website Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.

If you have questions about these Terms or the Services, you may contact us at [email protected]. You may also contact us at:
Annie’s Annuals & Perennials
801 Chesley Ave.
Richmond, CA 94801
888.266.4370