These Terms govern your access to and use of annierose.com (the, “Website”). 

Please read these Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Website from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to the Website as stated in the Terms, and the Agreement will apply to any changes. Headings and other organizational indicators are solely for the convenience of the reader and shall not affect the substantive portions of the Agreement. 

“You” means any individual or entity using the Website. If you use the Website on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using the Website you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. 

“We” or “us” refers to Annie Rose LLC, the owner and operator of the Website. 

If you create an account on the Website, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use the Website so you can make informed choices in response. 

We may limit your access to the Website until we’re able to verify your account information, like your email address. 

When you create an account, we consider that to be an inquiry about our products and services, and we may contact you to share more details about what we have to offer (i.e., marketing). If you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message. 

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. 

Don’t share or misuse your access credentials. If we believe your account has been compromised, we may suspend or disable it. 

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy (https://annierose.com/pages/privacy-policy). 

The preceding paragraphs of this Agreement were adapted and modified from Automattic Inc., under a Creative Commons Sharealike License (https://creativecommons.org/licenses/by-sa/4.0/). The original document from which these sections were adapted and modified can be found at https://github.com/Automattic. 

We may display advertisements on the Website. The placement of an advertisement on the Website is not an endorsement of the company, product, or subject of the advertisement. Annie Rose LLC is in no way responsible for any act or omission of any entity appearing in an advertisement on the Website. You are responsible for engaging with any advertisement appearing on the Website at your own risk. 

The Website is provided “as is.” We hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we, nor our suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you use the Website at your own discretion and risk. 

We may terminate your access to all or any part of the Website at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. 

You can stop using the Website at any time. 

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Annie Rose LLC and you concerning the Website. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 

Annie Rose LLC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent. 

You agree to indemnify and hold harmless Annie Rose LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of the Website, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Website or applicable law. 

We may modify the Terms from time to time, for example, to reflect changes to the Website (e.g., adding new features or benefits to the Website or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through the Website or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use the Website after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of the Website. 

We may use third-party services to expand the functionality of the Website and enhance the user experience. Such third-party services may include, but are not limited to, advertisements, order-tracking, payments, etc. 

By using the Website, you agree to be bound by the terms and conditions and privacy policy of any third-party service provider we utilize. You further agree to hold us harmless for any act or omission of any third-party service provider. We cannot guarantee, and are not responsible for, the availability or content of any third-party service provided on the Website. Some third-party services may request or require access to your data through mechanisms such as cookies. We may not be able to provide support for issues caused by any third-party services. 

In no event will Annie Rose LLC, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through the Website) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; Annie Rose LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Annie Rose LLC isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use the Website during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents. 

You agree that our ability to provide the Website to you is subject to compliance with US sanctions that restrict or prohibit who or from where the Website can be accessed. By using the Website, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List (https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists), or otherwise subject to US sanctions that would prohibit your access to or use of the Website; and (iii) shall not use the Website in any manner that may cause Annie Rose LLC to violate US export controls and sanctions. We reserve the right to restrict or block your access to the Website and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions. 

The Website is not directed to children. You’re not allowed to access or use the Website if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use the Website, you represent that you’re at least 13 (or 16 in Europe). You may use the Website only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use the Website under the supervision of a parent or legal guardian who agrees to the Agreement. 

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of the Website will be governed by the laws of the state of Iowa, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of the Website will be the state and federal courts located in Johnson County, Iowa, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence. 

By purchasing a product offered for sale on the Website, you are agreeing to the terms and conditions listed herein. In the event the Website uses a third-party service to process payments, provide order tracking, create and distribute invoices, or to provide other functions for you and the Website, your purchase of a product offered for sale on the Website is your agreement to be bound by the terms and conditions and privacy policies of any such third-party. Annie Rose LLC shall not be held liable for any damage or loss you incur as a result of your use of any third-party service, whether or not such service is required to be used to purchase a product offered for sale on the Website. 

The products offered for sale on the Website are intended for personal use. By purchasing a product offered for sale on the Website, you are representing and warranting your purchase is for personal use only, and not for commercial resale purposes. 

We reserve the right to cancel any order placed by a customer in the event said customer has violated this Agreement or if we reasonably believe said customer is engaging in, or attempting to engage in, fraud. 

When you purchase a product from the Website, we will collect any applicable federal, state, local, or other governmental sales taxes. The amount of tax you will be charged will be determined at checkout and will be listed as part of your order summary. It is your sole responsibility to pay any applicable taxes not customarily collected and paid by a seller of goods, according to the laws of your place of residence. Annie Rose LLC shall not be responsible for informing you of any such responsibility and shall not be liable for any damages or fines you may incur as a result of your failure to pay any such taxes. 

We will use reasonable efforts to ensure the Website displays accurate information as to the availability of the products offered for sale on the Website. In the event an order is placed for an item that is unavailable for any reason, we will promptly cancel the order, inform you of the mistake, and, if the item has already been paid for, refund your purchase. 

Annie Rose LLC shall not be liable for any damage or inconvenience caused to you because of incorrect availability information. 

The price of products offered for sale on the Website are listed in United States dollars (USD). The price listed for each product offered for sale on the Website does not include taxes or shipping costs. We reserve the right to change the price of any product offered for sale on the Website, at any time, for any reason, without prior notice. You will be charged the price displayed on the Website for your order at the time the order was placed. Annie Rose LLC hereby reserves the right to cancel any order, without liability, if a product is incorrectly priced. In the event a product has been ordered with an incorrect price and you have already paid for it, we will refund your purchase. 

In the event you are purchasing a product offered for sale on the Website from outside of the United States, it is your sole responsibility to be aware of the conversion rate from your currency 

to United States dollars. We will not accept payment in any currency other than United States dollars. It is your sole responsibility to ensure your payment is made to us in United States dollars. In the event we receive a payment in any currency other than United States dollars, we hereby reserve the right to cancel the order associated with the payment and refund the money paid. In this case, you shall be solely responsible for any fees we incur as a result of said refund. 

The Website may contain photographs of the products offered for sale. These photographs are for convenience only, and cannot be guaranteed to be exact representations of the product itself. The display of your computer or other electronic device may distort or misrepresent the appearance or color of the product. Annie Rose LLC shall not be liable for any error or inaccuracy of any photograph of any product offered for sale on the Website. 

When you purchase a product offered for sale on the Website, we are responsible for the care and handling of the product until it is given to a delivery service provider (e.g., the US Postal Service, UPS, or FedEx). Once we give a product to a delivery service provider, you are solely responsible for its condition. Annie Rose LLC shall not be held liable for any damages caused to a product due to an act or omission of any delivery service provider or other third-party. 

You may return any full-priced product purchased from the Website within 30 calendar days of receiving the product, subject to the terms and conditions herein. Products purchased as part of a sale or promotion on the Website are ineligible for return or exchange. Products must be in original, unworn or unused condition, with any tags still attached, to be returned. We reserve sole discretion to determine if a returned product meets these conditions. In the event a product is returned to us in any other condition, we send the product back to you. You are solely responsible for any shipping or handling costs to return a product. 

As part of the return process, we will provide you with a shipping label to send the product back to us. If you choose not to use the shipping label we provide, your product may not be delivered to us. The use of the shipping label we provide does not guarantee your right to a refund or exchange. Annie Rose LLC shall not be held liable, and shall not indemnify or compensate you, in the event a returned product is lost or damaged in the mail. 

In the event of a refund, we will use reasonable efforts to refund your purchase to the same account or card as you used to purchase the product. If we are unable to do so, we will reach out to you to find an acceptable solution. 

1/8/2025