©2023 Fresh American, LLC d/b/a The Annie Selke Companies, All Rights Reserved
Welcome to ANNIESELKE.COM, a website owned and operated by Fresh American, LLC (the “Company”), doing business as the Annie Selke Companies.
You must be 18 years or older to use this Site. When you access the Site, you represent and warrant that you are 18 years or older and that you have the ability and authority to enter into contracts in the jurisdiction in which you reside.
To access the Sites, you may be required to create a unique username and password. You are responsible for maintaining the security and confidentiality of your username and password. Your username and password are personal to you, and you may not allow any third party to use them. We are not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your username or password. Contact us immediately if you become aware of or believe there is or may have been any unauthorized use of your username or password.
We attempt to make the information provided as accurate as possible. Prices displayed on the Sites may differ from prices that are available in stores or catalogs. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If the information on our Sites contains an error relating to product descriptions, pricing, availability or any other matter, please contact us and we will work with you to cancel or return your order as your sole remedy.
Intellectual Property Rights
The trademarks, service marks, logos, brand names, trade dress, as well as other content such as text, photographs, audio and video material, and artwork (collectively, the “Content”) on the Sites are the property of the Company, its affiliates, licensors or other third parties and are protected by copyright, trade secret, and trademark law, as well as other law and regulations.
The Content may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of the Company or the owner of the Content if the Company is not the owner. You may not modify or change the Content in any way or remove or change any copyright, trademark, or other notice.
No right, title or interest in any downloaded materials is transferred because of any such downloading.
User Generated Content
When you post any content (a “Submission”) to any of the Sites, you represent to the Company that you have all of the necessary legal rights (whether by ownership, license or otherwise) to post the Submission. You may not post any Submission that (i) violates or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contains defamatory or otherwise unlawful material.
By posting a Submission, you grant the Company a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submission, which includes the right for the Company, or any third party the Company designates, to use, copy, publish, distribute, publicly display and perform, and create derivative works of the Submission in any form or media now known or hereinafter developed. Any Submission that you make to any of the Sites may be edited, removed, modified, published, transmitted, and displayed by the Company and you waive any rights you may have in any modified material in any Submission.
You are solely responsible for the content of your Submission. The Company has the right, but not the obligation, to review Submissions and to delete or edit any Submission that the Company deems, in its sole discretion, unacceptable for any reason.
Notification of Claims of Copyright Infringement
The Company will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of a copyright owner and believe that any content on any of the Sites infringes on your
copyright, you may submit a notification pursuant to the DMCA to the Company’s designated agent:
Fresh American, LLC
125 Pecks Road
Pittsfield, Massachusetts 01201
Please include the following information in writing:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
2) Identification of the copyrighted work that you claim has been infringed;
3) Identification of the material that is claimed to be infringing that is reasonably sufficient (through URL or otherwise) to allow the Company to locate the material on the Site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6) A statement, under pains and penalty of perjury, that your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
7) Information, if possible, sufficient to permit the Company to notify the party that posted the alleged infringing content.
Any person that knowingly misrepresents that materials are infringing shall be liable to the Company for any damages (including costs and attorneys’ fees) incurred because of removing or disabling access to the alleged infringing material.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above.
The Sites may contain advertisements or links to third party websites. The inclusion of advertisements on the Sites does not imply endorsement by the Company of any advertised goods or services or of any third-party websites. If you choose to purchase advertised goods or services or access third party websites linked to the Sites, you do so subject to the terms and conditions of those third-party websites at your own risk.
The Sites may be used for only lawful purposes. By use of any of the Sites, you agree to:
The Company reserves the right, but not the obligation, to contact appropriate authorities and to provide those authorities with information regarding any illegal or potentially illegal use of any of the Sites.
No Warranty/Limitation of Liability
THE COMPANY DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITES.
THE COMPANY DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY. THE COMPANY DOES NOT MAKE ANY WARRANTIES, WITH RESPECT TO ANY CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIAL PROVIDED THROUGH THE SITES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY
EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU RELEASE THE COMPANY, ITS AFFILIATES, AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES AND COSTS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE (OR INABILITY TO USE THE SITE) OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Some of these limitations and waivers may not apply to you due to limits imposed by some jurisdictions on the exclusion of certain warranties or the limitation or exclusion of liability for damages. To the extent that applicable law limits our ability to disclaim any warranty or limit our liability, our disclaimer of warranties and the extent of our liability will be the maximum permitted under such law.
Notice for New Jersey Residents
The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
Notice for California Residents
California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE ON THE SITE. WHEN YOU ACCESS THIS SITE, YOU AGREE TO IDEMINIFY AND HOLD THE COMPANY, ITS
AFFILIATES, AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS AND THE OTHER USERS OF THIS SITE FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES OR EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SITE.
Governing Law/Interpretation/Jurisdictional Issues
The Sites are intended for users who reside in the United States of America or Canada. We make no representation that the Sites or any products or services offered through the Sites are valid outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction.
WAIVER OF JURY TRIAL.
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of all disputes that may be filed in any court or other tribunal.
No Waiver of Company Rights
The Company shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any epidemic or pandemic; any law, order, regulation, ordinance, or requirement of any government or legal body; inability to secure raw materials, transportation, fuel or energy.
Last revised June 8, 2022