(Last Updated: April 13, 2019)
Introduction and Summary
You agree that all Services are provided 'as is' and without warranty or representation. If you engage AnnieCannons to perform software development as a service or data quality as a service, you will execute a separate agreement with AnnieCannons. The terms of any such agreement govern our development work and supersede these terms to the extent of any conflict.
You may not use the Services if you A) are under 18 years of age; B) were previously suspended or removed from the website or Services; or C) have any harmful, malicious, disruptive, or unlawful purpose.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH LISA HEALTH ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We have the right to cancel our service, in our discretion for any reason or for no reason. Without limiting the generality of the foregoing, you specifically acknowledge that AnnieCannons has the right to terminate or suspend your account in the event that we determine, in our sole discretion, that you have violated these Terms, including participating in any activities that adversely affect other users’ experiences.
Modification of these Terms
AnnieCannons reserves the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time with or without specific notice to you other than through posting such modified Terms on our website, through our applications, or both. The Terms will include the most recent date of revision and will be effective immediately upon posting unless otherwise specified herein. In the event of a material change to these Terms, we will attempt to notify you directly through a message sent to the e-mail address you provided upon registration or through the use of a notification in or through the application. You hereby acknowledge and agree that you will review these Terms periodically for any changes and review the date of last revision at the beginning of the Terms. If you are dissatisfied with the Services, then you agree that your sole and exclusive remedy is to discontinue any use of the Services.
Your Consent to Communications Relating to the Services
Communications. Our Services may include communications or content that you receive outside of the AnnieCannons applications, including email messages, push notifications, phone calls, or our website materials. You hereby consent to receiving such notifications.
Your Information is Licensed to AnnieCannons
AnnieCannons is not Responsible for Third Party Content
Content disclaimer. A variety of information, articles, feedback, tips, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials ("Content") may be made available through the Services. Some of the Content is provided by AnnieCannons or its suppliers, some by third parties not associated with AnnieCannons, and other Content is provided by users, such as the blog comments. While AnnieCannons strives to keep the Content that we post accurate, complete, and up-to-date, AnnieCannons cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by AnnieCannons or its suppliers, or by users of our Services. Any opinions, advice, statements, or other information expressed or made available by users or third parties are the responsibility of those respective users or other third parties and not of AnnieCannons. AnnieCannons does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, or statement made anywhere in the Services, including, importantly, within the blog comments.
AnnieCannons does not have any obligation to prescreen, edit, or remove any content provided by users that is posted on or available through the Services. Notwithstanding the foregoing, AnnieCannons will have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such content.
You Assume all Risks of Your Use of the Services
You use our Services at your own risk. Our website and related services may reference and/or describe traumatic instances. If you are sensitive to this sort of subject matter, please do not use our Services.
Your Limited License to Use the Services
Subject to your acceptance of these Terms, AnnieCannons grants to you a non-exclusive, non-transferable, personal, revocable, limited license to use the Services for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Services. You agree not to use the Services for any other purpose, or to copy or distribute the content of the Service, except as expressly permitted by these Terms. You also agree that you have no right to access, view, or alter any source code or object code of AnnieCannons or our licensors. You further agree to comply with the Usage Restrictions relating to the Services set forth below.
Your Contact with Third Parties through the Services
In using our Services, you may come across content (such as hyperlinks, articles, Community questions and advertisements) provided by or linking to third party properties, including links to client projects which are operated by one of our customers. Your dealings with third parties found on or accessible through our Services are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions; the payment for and delivery of items; your viewing or visiting content advertised by third parties; and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and shall not be construed as an endorsement by AnnieCannons of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items, or services on those sites, are solely at your own risk.
AnnieCannons does not make any representations or warranties with respect to any content or privacy practices of such third parties or any items or services that may be obtained from such third parties, and you agree that AnnieCannons will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties’ information or materials on the website.
The Services are the Intellectual Property of AnnieCannons
AnnieCannons's Services and the information contained therein are the property of AnnieCannons and our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Services unless we expressly permit you to in these Terms.
AnnieCannons is a trademark of AnnieCannons, Inc.
AnnieCannons authorizes you to view or download a single copy of the material contained in the AnnieCannons Services solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices on or in the Services. Personal Use does not include use by an individual associated with any AnnieCannons competitor, and such use is strictly prohibited.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any documents displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of AnnieCannons or such third party that may own copyrights in material displayed on this Site.
The Services are subject to change or termination without notice in the editorial discretion of AnnieCannons. All rights not expressly granted herein are reserved to AnnieCannons and its licensors.
If you violate any of these Terms, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Services.
We Make No Warranties to our Users and Disclaim All Liability for Your Use of the Service
Use of the AnnieCannons Services is at your own risk.
ANNIECANNONS AND ITS PARTNERS HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OR RELIANCE ON ANY PRODUCT OR SERVICE YOU USE OR ENCOUNTER ON ANY ANNIECANNONS SERVICE. YOU AGREE THAT ANNIECANNONS IS NOT LIABLE UNDER ANY THEORY OF LAW FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, THE FAILURE TO REALIZE ANY SPECIFIC MENOPAUSE OR MIDLIFE HEALTH BENEFIT OR RELATED OUTCOME, A FAILURE TO OBTAIN MEDICAL TREATMENT OR ANY OTHER ACTION OR OMISSION OF BEHAVIOR FOLLOWING ANY INFORMATION OR ADVICE FOUND ON OUR SITE OR IN ANY ANNIECANNONS SERVICE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL TO ALLOWING ANNIECANNONS TO PROVIDE A FREE SERVICE, AND THAT OUR SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. IF YOU DO NOT AGREE TO THESE LIMITATIONS, PLEASE DO NOT USE THE SERVICES. NO ADVICE OR INFORMATION YOU OBTAIN FROM US THROUGH THE SERVICES OR IN SUPPORT OF THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU; OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ANNIECANNONS IS FOUND TO HAVE A LIABILITY TO YOU, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT THAT YOU PAID, IF ANY, TO ANNIECANNONS WITH RESPECT TO YOUR INDIVIDUAL USE OF THE ANNIECANNONS SERVICE IN QUESTION. IN ADDITION, YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT ANNIECANNONS IS NOT LIABLE FOR THE CONTENT SUBMITTED BY ANY OTHER USER, OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF A THIRD PARTY.
THE ANNIECANNONS WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. ANNIECANNONS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICALLY, ANNIECANNONS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
- THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, RECOMMENDATIONS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE ANNIECANNONS SERVICES.
- THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE ANNIECANNONS SERVICES.
- THE PRODUCT DESCRIPTIONS SHALL NOT BE DEEMED GUARANTEED. THAT THE SERVICE CAN BE USED TO ACHIEVE SPECIFIC INTERESTS, PARTICULARLY THAT YOUR MENOPAUSE STATUS WILL BE CORRECTLY PREDICTED, OR THAT THE OUTPUT OF THE SERVICE COMPLETE AND ACCURATE.
- THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL ANNIECANNONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE ANNIECANNONS SERVICES. YOU WILL HOLD LISA ANNIECANNONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, REPRESENTATIVES, HARMLESS FOR ANY SUCH ACTIONS OR DECISIONS TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION.
You Indemnify AnnieCannons for any damages related to your use of the Services
You agree to indemnify, hold harmless and defend AnnieCannons, and any of its Affiliates, subsidiaries, officers, employees and Authorized Users from and against any and all claims, damages, liabilities, fees, losses, fines, penalties, and/or expenses, including reasonable attorney fees, arising from any suit or action brought against AnnieCannons, its Authorized Users, Affiliates, subsidiaries, officers or employees, arising out of, related to, or based upon your use of the Services.
Your Claims Against AnnieCannons are Time-Limited
Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred.
Our Policies Relating to the Content on Our Services
- with respect to Your Content other than photos, graphics, audio, video, or writing that you submit, post, or otherwise make available to AnnieCannons or public areas of the Services (e.g. not intended as a private communication), the license to use, reproduce, publish such Your Content (in whole or part) via the Site and the Service; and
- with respect to photos, graphics, audio, video or writing, including blog comments, or other material posted in public areas of the applications, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Your Content for the purpose for which Your Content was submitted, posted, or made available.
Prohibited content. You agree that the following actions shall constitute a material breach of these Terms, and that you will not upload or transmit any communications or content of any type that:
- Constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures.
- Infringes upon or violates any rights of any party.
- Impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications.
- Infringes on the intellectual property, privacy, or publicity rights of others.
- Is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by AnnieCannons.
- Promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances.
- Harvests or otherwise collects information about others, including email addresses, without their consent.
- Discloses the Personal Information of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information.
- Distributes viruses or other harmful computer code.
- Restricts or inhibits any other person from using or enjoying the Services, or which, in the reasonable judgment of AnnieCannons, exposes us or any of our customers, partners, affiliates, or suppliers to any liability or detriment of any type.
- Deals with minors under 13 years of age.
- Violates AnnieCannons's Community Standards.
When you provide Your Content in or to the Services or to AnnieCannons, you hereby grant AnnieCannons a non-exclusive, transferable, sublicensable, fully paid-up, royalty-free, perpetual, and irrevocable worldwide right and license, (including without limitation with respect to any publicity or likeness rights you may have in Your Content) to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, communicate to the public, and otherwise utilize and exploit Your Content.
The Acceptable Use of AnnieCannons
In addition to the prohibited content rules above, you agree that your use of and conduct on the Services shall be lawful and will not:
- Be in violation of these Terms, any applicable local, state, federal or international law, rule or regulation or the rules of conduct posted with respect to any individual feature of the Services.
- Trick, defraud or mislead AnnieCannons or other users, especially in any attempt to learn sensitive account information such as passwords.
- Make improper use of AnnieCannons's support services or submit false reports of abuse or misconduct.
- Disparage, tarnish, or otherwise harm AnnieCannons and/or the Service.
- Disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms ("PCMs"), or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices.
- Reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Services create to generate web pages or any software or other products or processes accessible through the Services.
- Except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Cover or obscure any notice, banner, advertisement, or other branding on the Services.
- Interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services.
Your Obligations in Service of your Privacy and the Privacy of other Users
The information you provide to the Services may be sensitive and of a highly personal nature, and you should investigate the data storage policies and retention capabilities of any equipment you use to access the Services, including those of any devices used to access our Services, before accessing the Services. If you are not the exclusive owner or user of a device used to access the Services, then you may want to avoid using such device for accessing the Services. Be aware that many computers provided by employers are subject to policies that may allow remote access and monitoring, and any information you communicate to the Services may be subject to access and monitoring by your employer.
You are Responsible for Keeping Your Password Secure
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AnnieCannons passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their AnnieCannons account and password; (3) inform AnnieCannons of any need to deactivate their password or change their registration, as soon as possible.
For any AnnieCannons-related account, we recommend choosing passwords that are:
- Unique (not re-used anywhere else)
- Complex (a mix of letters, numbers, symbols, uppercase, and lowercase; not easily guessed)
- Long (greater than 5 characters)
- Changed regularly (at least once a year)
Location of and Changes to the Services
AnnieCannons operates and controls the Services from our offices in the United States. We make no claims that the Services or Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AnnieCannons Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Limitation of liability / Disclaimer of warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
AnnieCannons may discontinue or change our Services at any time with or without prior notice and without liability to you. We make no guarantee that our Services will be available at all times or without interruption.
These Terms are governed by the substantive laws of The State of California (excluding its choice of law rules). The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in The State of California for any claim relating to these Terms. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the California in connection with any such dispute including any claim involving AnnieCannons or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
How and When Your Account can be Terminated
Termination by AnnieCannons. You agree that AnnieCannons may terminate your account at any time for your violation of any of the provisions of these Terms.
Termination by you. If you are dissatisfied with the AnnieCannons Services, please let us know by e-mailing us at firstname.lastname@example.org. Your only other remedy with respect to any dissatisfaction with (a) the Services, (b) any portion of these Terms, (c) any policy or practice of AnnieCannons in providing the Services, or (d) any content or information transmitted through the Site or the Services, is to terminate the Services and your account. You may terminate the Services at any time by discontinuing your use of any and all parts of our Services and providing AnnieCannons notice of termination by emailing us at email@example.com.
Miscellaneous Contractual Provisions
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without AnnieCannons's prior written consent, but may be assigned by AnnieCannons without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AnnieCannons as a result of these Terms or use of the AnnieCannons Services.
How You Can Contact Us
For questions or comments about the Terms, please email us at firstname.lastname@example.org.
You can also reach us by mail at:
AnnieCannons Inc.[MAILING ADDRESS]
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against AnnieCannons on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against AnnieCannons, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against AnnieCannons by someone else.
Agreement to Binding Arbitration Between You and AnnieCannons.
You and AnnieCannons agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and AnnieCannons, and not in a court of law.
You acknowledge and agree that you and AnnieCannons are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and AnnieCannons otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and AnnieCannons each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and AnnieCannons otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AnnieCannons submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney's' fees and expenses, to the extent provided under applicable law. AnnieCannons will not seek, and hereby waives all rights AnnieCannons may have under applicable law to recover, attorneys' fees and expenses if AnnieCannons prevails in arbitration.
It is your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AnnieCannons will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the above, regarding consent to be bound by amendments to these Terms, if AnnieCannons changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing AnnieCannons written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o AnnieCannons, Inc. (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: email@example.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and AnnieCannons in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
These Terms were last updated April 13, 2019.