General Terms and Conditions
Annie's Buying Club (ABC) is a membership based buying club subject to the rules. These rules are subject to change and may be amended without notice. Updates will be posted here and dated. These Terms and Conditions are between you, the Member, and Annie's Buying Club, Inc. These Terms and Conditions cover the web site (Site) www.anniesbuyingclub.com
Notwithstanding any of these terms and conditions, Annie's Buying Club, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. Upon termination, these Site Terms shall still apply.
Communication is for the most part via email but may also be via text if you approved that method when you joined the club and by phone. Emails newsletters have an easy opt-out option noted at the bottom. We are an online internet buying club and as such you are communicating orders electronically will be confirmed by the same method. By joining the club, you consent to electronic communications including direct email, email newsletter, posting on our Facebook page, posting updates here on our site. You acknowledge that email has its own laws regarding privacy. You agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
Payment is due a week in advance. The web site offers members a grace period (Thursday by NOON for groups meeting Monday, Tuesday and Wednesday; Monday NOON for groups meeting Thursday and Friday.) Orders must be paid using one of the methods provided including:
Bank Transfer to firstname.lastname@example.org if you bank with Wells Fargo, Chase or Bank of America
Check or regularly scheduled Bill Pay from your bank directly mailed to the P.O. Box listed under Contact Us to arrive a week in advance: http://www.anniesbuyingclub.com/contact.cfm
Bank Transfer through Dwolla by logging into your account on www.anniesbuyingclub.com
Credit Card through service offered through anniesbuyingclub.com by logging into your account
Responsibility of Member
Member agrees to pay on time or log on by the deadline to skip a share. Member understands to log on to skip or suspend shares by the deadline noted if not planning on picking up a future box; simply not paying on time does not mean the box is canceled without any fees.
Member agrees to pick up their share on time on the day of delivery. Member understands to conduct themselves professionally and be respectful of the rules at each pick up location including the window in which to pick up.
Member agrees to inspect share for quality and contents to make sure nothing is missing and that quality meets satisfaction prior to leaving with the share.
Member agrees to pay for any shares ordered and not canceled by the deadline and any fees assessed as detailed below.
Late Fees, Returned NSF, Disputes, Late Cancellations
If payment is made after the grace period, a $5 late fee will be assessed.
If cancelation is made after the deadline (Thursday by NOON for groups meeting Monday, Tuesday and Wednesday; Monday NOON for groups meeting Thursday and Friday) , a $10 late cancellation fee will be assessed.
If member picks up outside the pickup window without first confirming a mutually convenient time with the coordinator, the coordinator may assess a $10 late pick up fee.
If a check is returned NSF, dishonored, refused or payment stopped, or if refused for any reason, a fee of $20 will be assessed for each occurrence.
Members pay a week (or by the grace period noted) in advance. We do not automatically run cards. Therefore if member wants to cancel or skip a share, member understands it is their responsibility to do so. If there are any issues, Annie's Buying Club works hard to resolve these by including like value item at next pick up or a credit toward a future share if an item in the share is missing at pick up or if the quality is not good. If an add-on item does not arrive, the coordinator for the group will note that and Annie's Buying Club will post a credit toward a future share so that the member can order the item again or use that credit toward another item or share. Annie's Buying Club does not issue refunds.
Ownership of Content
All content on www.anniesbuyingclub.com web site is protected by the United States and international copyright, trademark and laws. You, as the user, are authorized to view, copy, print and distrubte information and content from our site as long as it's for non-commercial informational use and that you include our notice of copyright.
Ownership of Logos and Trademarks
Annie's Buying Club and respective designs, logos and trademarks are registered of Annie's Buying Club and may not be copied, imitated or used in whole or in part without the prior written consent of Annie's Buying Club, Inc. All page headers, pictures, custom graphics, buttons, icons, and any other information or banners are registered trademarks, names and company names and logo of Annie's Buying Club.
Indemnification and Hold Harmless
Once you join, as a member, you agree to indemnify, defend and hold Annie's Buying Club, its owners and each of is respective officers, partners, members employees, agents, coordinators, attorneys and affiliates harmless against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses, and expenses including reasonable attorney's fees, administrative costs and/or settlement costs arising from a breach in this Agreement, use of the Website, use of services, or exploitation of benefits to members in any manner whatsoever, as well as any claims, actions, suits, and proceedings against Annie's Buying Club brought by any third party acting or purporting to act for you through you or on your behalf.
Limited Warranties and Disclaimer
THIS SITE AND THE MATERIALS AND INFORMATION PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANNIE'S BUYING CLUB, INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. ANNIE'S BUYING CLUB, INC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-OFFENSIVE, OR ERROR-FREE. ANNIE'S BUYING CLUB, INC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY ANNIE'S BUYING CLUB, INC DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF ANNIE'S BUYING CLUB, INC OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, MATERIALS, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ANNIE'S BUYING CLUB, INC
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANNIE'S BUYING CLUB, INC, THE EMPLOYEES, DIRECTORS, COORDINATORS, OFFICERS, AGENTS, AFFILIATE RETAILERS, VENDORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING OUR SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR ARISING OUT OF THE CONNECTION WITH ANNIE'S BUYING CLUB OPERATIONS, SERVICES, MEMBERSHIP, BENEFITS, PRIVILEGES, THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT OR MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND IN THE USE OF SITE OR PICKING UP OF PRODUCE AT THE LOCATION SPECIFIED.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANNIE'S BUYING CLUB, INC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL OF $5 OR THE COMPENSATION YOU PAID ANNIE'S BUYING CLUB, INC, WHICHEVER IS LESS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ANNIE'S BUYING CLUB PLUS $5.
Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and entirely to be performed within Florida, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Sarasota, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then such provision shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Last Updated: 5/21/2013