Terms of Use

Last Updated: 11.19.2013

Welcome to Annie’s Eats! This site (together with any successor site(s) and all Services (as defined below), the “Site”) is operated by Annie’s Eats, Inc. (“Annie’s Eats,” “we,” “us”). Your use of the Site is governed by these Terms of Use (this “Agreement”), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (“WAP”), through a mobile network, or otherwise).

1. Acceptance of Terms.  By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site. We may make changes to this Agreement from time to time; we may notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. You can determine when we last changed this Agreement by referring to the “Last Updated” legend above. Your use of the Site following any changes to this Agreement will constitute your acceptance of those changes. We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site or any additional Services; or offer opportunities to some or all Site users.

2. Jurisdiction.  The Site is controlled and/or operated from the United States and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose at any time and in our sole discretion.

3. Description of the Services.  We provide users of the Site with access to general information and services about us, including without limitation: (a) information such as articles, recipes, event details, videos, photos, text, data, and other similar content and (b) services such as email subscription management, research tools, access to our online store, and links to third-party websites (such information and services, collectively, the “Services”).

We may also provide users of the Site with recipes, food preparation instructions, recommendations for ingredient substitutions, and suggestions for food storage. We assume no responsibility for failed recipes, food allergies, improper food storage, or differences in your personal tastes or preferences. All recipes, instructions, recommendations, and suggestions are attempted at your own risk.

From time to time and at our sole discretion, we may provide users with access or links to our online store hosted by Big Cartel (www.bigcartel.com). Big Cartel, including its service providers, parent entity, and affiliates have access to Personally Identifiable Information (“PII”), Site Usage Data, IP Addresses, and other information or aggregates thereof for Big Cartel to analyze performance and make changes to Big Cartel’s services and products and to provide related services, such as payment processing. By using our online store, you agree to Big Cartels’ Terms of Use and Privacy Policy and to any additional rules and policies set forth by Big Cartel. We assume no responsibility for Big Cartel’s use of your PII, Site Usage Data, IP Addresses, and other information or aggregates thereof. For additional information concerning Big Cartel’s use of your information, visit www.bigcartel.com/agreement.

Neither receipt of information presented to the Site nor any email or other electronic communication sent through the Site will be treated as confidential. We expressly disclaim all liability in respect of actions taken or not taken based on any contents of this site.

When providing you with our Services, we may display advertising within them, and you agree to accept the advertising on whatever devices, including a wireless phone, you are using to access our Services.

Information You Submit. Your submission of information through the Site is governed by our Privacy Policy (the “Privacy Policy”). You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. If you choose to make any of your PII or other information publicly available on the Site, you do so at your own risk. Further, you agree that any information you provide, whether PII or non-PII, is provided by you voluntarily.

Certain non-PII information may be made available to third party service providers (specifically including Big Cartel and the Blogher Network) with whom we contract in order to obtain Site-related services (e.g. web hosting, improving Site features and functionality, providing ancillary services, processing payments, or providing maintenance). By using this Site or any other Services we provide, you recognize that you are providing this information voluntarily and that these third party service providers may collect and use this data in accordance with their respective Terms of Use and Privacy Policies. By using this Site or any other Services we provide, you acknowledge that your rights to any information collected and used by these third party service providers will be governed by the agreements and policies relating to these third party service providers. For additional information on the terms of these agreements, visit www.bigcartel.com or www.blogher.com.

4. Rules of Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to Section 12 below. You agree that you will not:

4.1 Use the Site for any fraudulent or unlawful purpose.

4.2 Use the Site to stalk, threaten, abuse, harass, defame, deceive, defraud, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

4.3 Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.

4.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies, or regulations of such networks.

4.5 Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

4.6 Restrict or inhibit any other person from using the Site, including without limitation, by hacking or defacing any portion of the Site.

4.7 Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

4.8 Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.

4.9 Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

4.10 Frame or mirror any part of the Site without our express prior written consent.

4.11 Create a database by systematically downloading and storing Site content.

4.12 Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our expressed, prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

4.13 You may not use or allow others to use your username on a Service to email, instant message, voicemail, fax, chat, send spam and SPIM, or send any other unsolicited bulk communication. You may not access the Services to harvest or collect any information about our users for any purposes without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on any Service.

Any violation of these provisions may result in immediate termination of your account, termination of your use of the Services, and legal action.

5. Registration. You may need to register to use part(s) of the Site or our Services. We or our contractors may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.

6. Accuracy of Information. We attempt to ensure that information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currentness of any information on this Site.

7. Our Proprietary Rights. We and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

7.1 Our trademarks, service marks, copyrights, trade secrets, and proprietary intellectual property include, without limitation, Annie’s Eats, www.annies-eats.com, and any associated trademarks, service marks, logos, and copyrighted photos, pictures, graphics, recipes, articles, posts, and other written material. All trademarks, service marks, and copyrighted material on the Site not owned by us are the property of their respective owners. You may not use our trademarks, service marks, logos, or copyrighted materials in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trademarks, service marks, logo, or copyrighted materials without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

8. Links. The Site may provide links to other web sites, blogs, and online resources. We are not responsible for and do not endorse such external sites or resources. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site, whether using such tools or otherwise, you agree that you will disable and remove any such link promptly upon our request.

9. Limitations of Liability and Disclaimers. THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, OR ANY PART THEREOF, WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES, INCLUDING WITHOUT LIMITATION, INTERNET CONNECTIVITY, NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.  WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

WE ASSUME NO RESPONSIBILITY FOR FAILED RECIPES, FOOD ALLERGIES, IMPROPER FOOD STORAGE, OR DIFFERENCES IN YOUR PERSONAL TASTES OR PREFERENCES. ALL RECIPES, INSTRUCTIONS, RECOMMENDATIONS, AND SUGGESTIONS ARE ATTEMPTED AT YOUR OWN RISK.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW. While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to the Site, contact us at www.annies-eats.com/contact with a description of the material(s) at issue and the URL or location of such materials.

10. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold us and our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

11. Termination. This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password, or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and, except as may be required under mandatory applicable law, shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement, including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights. Sections 2, 3, 7-13, and 16 shall survive any expiration or termination of this Agreement.

12. Governing Law; Dispute Resolution. You hereby agree that this Agreement, and any claim or dispute arising in connection with this Agreement or your use of the Site, is governed by and shall be construed in accordance with the laws of the State of Indiana, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Indianapolis, Indiana, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.

13. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at:  http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.

14. Ability to Enter Into This Agreement. By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

15. Contact Us. If you have any questions regarding the meaning or application of this Agreement, please direct such questions to www.annies-eats.com/contact. Communications are not necessarily secure, so please do not include sensitive information in any communication to us.

16. Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site, including without limitation, our Privacy Policy, and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

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