Terms of Use
Please carefully read these terms of use and terms and conditions of sale, service and use, (collectively with any amendments herein referred to as “terms and conditions”). By using this website or any website of Annie Parker Confidential (also referred to as APC), and/or placing an order for any current or future Annie Parker Confidential products or services, you agree to be bound by these terms and conditions and any amendments hereto.
+ You must be at least 13 years of age to use this site and place an order for APC products and services.
+ If you are 13 to 17 years of age, you must use this site and APC products or services only with the consent of your parent or guardian.
+ If you do not agree to the terms and conditions, please do not use the site or order or use APC products or services.
Welcome to the website of Annie Parker Confidential. (“APC”), and its wholly owned business units, referred to herein as “APC” or “us” or “we”). Additionally, for the purposes of these Terms of Use & Privacy Policy, the term “Annie Parker Confidential” or “APC” shall mean and refer to its owners, officers, directors, employees and agents, and each of their combined or individual principals and affiliates, which shall each be third party beneficiaries of these Terms of Use & Privacy Policy.
These Terms of Use & Privacy Policy govern and apply to your (“you” or “your”) access to and use of this Site and any related domains on which this document appears, any order you place through Annie Parker Confidential, and as applicable your use of other products or services of Annie Parker Confidential. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety.
If you do not agree to these Terms of Use & Privacy Policy in their entirety, you must not order any product or service through or otherwise use the Site. The Terms of Use & Privacy Policy may be changed in the future without further notice. Your continued use of the Site and/or other products or services of APC after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms of Use & Privacy Policy apply to your access to, and use of, the Site, any order you place through any APC websites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with APC for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site.
User Conduct
The APC site, products, services and information contained therein, may only be used for lawful purposes. It shall not be used in such a way to infringe upon the rights others or restrict or inhibit anyone else’s enjoyment of the site.
Additionally, you further agree to refrain from:
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
APC will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site. We reserve the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Privacy Policy
Users of this Site and/or other products or services of Annie Parker Confidential should refer to Annie Parker Confidential’s Privacy Policy for information about how Annie Parker Confidential uses and collects information. You agree that Annie Parker Confidential may disclose your personal information to a third party if Annie Parker Confidential believes in good faith that the law or legal process requires it, to protect the rights or property of Annie Parker Confidential or others, or as otherwise described in the Privacy Policy.
Community Standards and Conduct Guidelines
You acknowledge that all content including all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the APC website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings.
This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. We do not control the Postings posted, emailed or otherwise transmitted on our website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.
Although we have adopted community standards and conduct guidelines for the users of our website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable.
Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website.
Your privilege to use this website depends on your compliance with the community standards and conduct guidelines set forth above. APC reserves the right to revoke your privileges to use all or a portion of the website and take any other appropriate measures to enforce our community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we reserve the right to terminate your use of the site.
All communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Submissions
If, whether at our request or on your own, you send, email, post or otherwise transmit to us or the APC website – information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, information, notes, drawings, articles, stories about yourself or other materials including, but not limited to, posting, emailing, or otherwise transmitting Postings, (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of APC.
Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure or use of any Submissions.
Without limitation of the foregoing, you grant APC and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.
Links
These Terms of Use & Privacy Policy apply only to the APC website, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Third Party Products and Services
You may order services, merchandise or other products through our website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Content uploaded to the Site
In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Annie Parker Confidential has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or websites, in perpetuity throughout the world as Annie Parker Confidential in its sole discretion sees fit without further consent or payment. Site users must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
APC has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. APC has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. APC may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at APC’s sole discretion. APC is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Site Changes
APC may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the site or any products available through or outside of the site, temporarily or permanently, including the availability of any features of the site or access to any parts of the site, at any time without notice to you, and you agree that APC shall not be liable therefore.
Linked Sites
APC makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, or reliability of sites accessible by hyperlink from this site, or sites linking to this site. The linked sites are not under the control of APC, and APC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by APC of the site or any information contained therein. When leaving the site, you acknowledge that APC ‘s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright
All Site materials, including, without limitation, APC and all APC product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © of Annie Parker Confidential. ALL RIGHTS RESERVED. APC or its suppliers or licensors own and retain other proprietary rights in all products available through the site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Annie Parker Confidential or the respective copyright owner.
You may not, without the express written permission of Annie Parker Confidential or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Annie Parker Confidential or any third party.
Health Disclaimer
Annie Parker Confidential’s website provides general fitness, exercise and nutrition information and suggestions and is intended only to assist users in their personal exercise nutritional improvement efforts.
APC is not a medical or dietician organization and cannot give you medical or dietician advice or diagnosis. You are urged and advised to seek the advice of a physician or dietician before beginning any exercise and/or nutritional improvement effort or regimen.
Nothing contained in this website or in the materials which you order should be construed as such advice or diagnosis.
The information and reports generated by us and the products you purchase or subscribe for should not be interpreted as a substitute for physician and dietician consultation, evaluation, or treatment.
This website is intended for use only by healthy adult individuals. The website is not intended for use by minors, pregnant women, or those with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of exercise and/or nutritional improvement effort or regimen.
The products and the claims made about nutritional products have not been evaluated by the U.S. Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician, dietician or other health care professional.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend Annie Parker Confidential, our affiliates, and our and their officers, directors, employees, stockholders, agents, suppliers, providers, models, or entertainers and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this website or our products, services or offerings, your violation of these Terms of Use & Privacy Policy or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Order and Payment Information
If you use the site or other means to purchase a product, payment must be received by APC prior to APC’s acceptance of an order, unless otherwise agreed by APC. APC may need to verify information you provide before accepting an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, APC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. APC expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to APC is registered to you. APC shall have the right to bar your access to and use of the site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to APC, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
APC reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you.
APC descriptions of, or references to, products not owned by APC on and outside of the site do not imply endorsement of that product, or constitute a warranty, by APC.
Disclaimer of Warranties
You expressly agree that use of this site and other products and services of APC is at your sole risk. You further understand and agree that this site and the information, services, products, and materials available through it and otherwise are provided on an “as-is” and “as-available” basis.
You acknowledge that APC does not control in any respect any advertisements, product descriptions, products, or content offered by third parties on or through this site, including, but not limited to, information or products provided by license to APC from third parties. Except as otherwise agreed in writing, APC and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of content or products (including product descriptions) distributed or made available by third parties through or outside of this site. APC does not make any warranty as to the results that may be obtained from use of the site, any products or services offered or sold through the site, or its content.
Although we strive to prevent the introduction of viruses or other destructive materials to the site, APC does not warrant, guarantee, or make any representations that this site is free of destructive materials. Additionally, APC does not warrant that access to this site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
APC disclaims any warranty or representation that confidentiality of information transmitted through this site will be maintained. To the extent allowed by law, APC disclaims all warranties not explicitly stated herein. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
APC excludes all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law.
In no event, including, without limitation, negligence, shall Annie Parker Confidential or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the site; (ii) the use or inability to use this site; (iii) the use of or reliance on any content or information displayed in or on the site; (iv) the purchase or use of any products through the site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions; or (vii) otherwise under this agreement/terms and conditions, whether or not reasonably foreseeable, even if APC or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary contained herein, APC’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last 90 days to APC for any products supplied by APC through your use of the site or otherwise.
You further acknowledge that APC will not be liable in any amount for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
These exclusions shall be governed by and construed in accordance with the law of the United States of America. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The terms of this section survive any termination of the Terms of Use & Privacy Policy.
International Users
This Site is controlled, operated, and administered by APC from its offices within the United States of America. APC makes no representation that materials on the site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the site are illegal is prohibited. You may not use the site or export the content or products in violation of U.S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
Termination
Notwithstanding any of these Terms, Annie Parker Confidential reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the site and to block or prevent future access to and use of the site. You agree that Annie Parker Confidential shall not be liable for any termination of your use of or access to the site.
Third-Party Rights
Only you and Annie Parker Confidential shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
Language
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the site shall be filed only in the Superior Court of San Diego County, California, or the United States District Court for the Southern District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California.
Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s).
In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed One Hundred Thousand Dollars ($100,000.00), upon the request of either Annie Parker Confidential or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing.
However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit.
Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Annie Parker Confidential to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.
The terms of this section survive any termination of the Terms and Conditions.
General
The Terms and Conditions constitute the entire agreement between Annie Parker Confidential and you with respect to your use of the site, your purchase of products and services through the site, and as applicable any products or services of Annie Parker Confidential. Any cause of action you may have with respect to the site or Annie Parker Confidential’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Any failure by Annie Parker Confidential to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Annie Parker Confidential, and you do not have any authority to create any obligation or make any representation on Annie Parker Confidential’s behalf.
You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Annie Parker Confidential’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Annie Parker Confidential and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the site. The Terms and Conditions displayed on the website at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective May 15, 2019.
Privacy policy
Welcome to Annie Parker Confidential. (“Annie Parker Confidential”), and its principals, affiliates, subsidiaries and wholly owned business units, as well as Shelli Pelly, and respective affiliates and principals (collectively, “Annie Parker Confidential” or “us” or “we” or “our”). Annie Parker Confidential has created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. This privacy policy is here to tell you about, among other things, the information Annie Parker Confidential may collect through any current or future websites, including, but not limited to, annieparkerconfidential.com, through other means, how we use that information, and how Annie Parker Confidential can make changes to this privacy policy.
Children’s Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. Annie Parker Confidential encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
What information does Annie Parker Confidential collect?
In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services or browse our websites without providing any personal information, but once you give us this personal information, you are not anonymous to us.
Annie Parker Confidential collects two types of information when you visit our website(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, email address or date of birth (“personal information”); and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Website(s) (“non-personal information”).
Personal Information:We specifically request personal information from you at certain points on and off our website(s). For example, when you call us, sign up for our products or subscriptions, visit or subscribe to our website(s), use our mobile or web applications or when you purchase an item or service, we collect personal information which may include, without limitation, your name, shipping and billing addresses, telephone number, email address, credit card information, and date of birth.
From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media websites, or from Affiliated Companies or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service or information, or to offer you personalized content.
Non-personal Information:When you visit our website(s), we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect other information such as the type of browser or device you are using, the URL from which you came to our Website(s) and the URLs that you visited on our Website(s). A URL is the full address of a Website page, which may contain some personal or identifying information about the person who is viewing it.
Information We Obtain from Other Sources: We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook Connect) through or in connection with our website(s), we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.
Use of Cookies:We also use a feature of your browser called a cookie to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our websites to give you a better overall shopping experience. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our website(s). Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our websites properly. Current versions of many web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your web browser’s Help menu for more information on the cookie management features available to you.
Use of Pixel Tags: We may also collect information through the use of “pixel tags” on our websites and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages.
When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. Annie Parker Confidential may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.
Do Not Track Signals.Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our website(s) unless you provide such information to us.
We also work with third parties that use tracking technologies on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.aboutads.info.
How does Annie Parker Confidential use or disclose the information it collects?
Annie Parker Confidential’s Use of Personal Information and Non-personal Information: We use your personal information to process your requests, fulfill your orders and communicate with you about your orders, send important notices or tell you about new products or services. We may also use your personal information to improve our products, services and advertising, personalize our website(s), target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you. On occasion, we may also contact you about Annie Parker Confidential’s or any of its business units’ or partners’ products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding Annie Parker Confidential. For information about opting out of such communications, please see our Opt-Out Policy section below.
Third Party or Co-Branded Offers:Annie Parker Confidential occasionally partners with third parties (“Affiliated Company”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company certain limited information, such as your name and shipping address. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information such as your e-mail address, phone number and other contact information, and if you purchased a product, your credit card information.
Cookies:We may use cookie and IP address information to count and track website visits and purchases in the aggregate, to personalize the website(s) for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our server, and to administer our Website(s).
Customer Service Issues and Contacts:We may use your personal information to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction.
Transaction Processing:When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.
Legal Requirements:We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Annie Parker Confidential and its employees or others.
Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.
Third Party Tools/Services:At various points and pages on our website(s), you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect). These third parties have separate data collection and privacy practices independent from ours, and thus Annie Parker Confidential cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Other Disclosures:Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.
In addition, we may contact you via email or use targeted online advertising. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.
Security
Annie Parker Confidential uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.
Other Websites; Links
On our website(s) and in communication with you, we may include links or referrals to businesses and Websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Annie Parker Confidential cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Community Center/Community Chatrooms/Message Boards
Our website(s) may include online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and Annie Parker Confidential cannot control what use third parties may make of this personal information.
All of these forums are public. Please consider this before you post.
Users Based Outside of the USA; Transfer of Personal Information
Like almost every website and business, Annie Parker Confidential and its website(s) may be accessed by an international audience. By visiting any of our website(s) and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.
What happens to my information if Annie Parker Confidentialis sold to or merges with another company?
It is possible that Annie Parker Confidential and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.
Changes to This Policy
This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our website(s) in this location together with the date of the last update. Your continued business relationship or use of the website(s) after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our website(s) or business relationship with us.
Contacting Annie Parker Confidential
Please feel free to share any comments, concerns, or complaints with us by contacting:
Annie Parker Confidential
505 Lomas Santa Fe, #270
Solana Beach, California 92075
Attention: Legal Department
or email us: Privacy@annieparkerconfidential.com
Last updated and effective: January 10, 2019
Terms of Service
Terms of Use
Please carefully read these terms of use and terms and conditions of sale, service and use, (collectively with any amendments herein referred to as “terms and conditions”). By using this website or any website of Annie Parker Confidential (also referred to as APC), and/or placing an order for any current or future Annie Parker Confidential products or services, you agree to be bound by these terms and conditions and any amendments hereto.
+ You must be at least 13 years of age to use this site and place an order for APC products and services.
+ If you are 13 to 17 years of age, you must use this site and APC products or services only with the consent of your parent or guardian.
+ If you do not agree to the terms and conditions, please do not use the site or order or use APC products or services.
Welcome to the website of Annie Parker Confidential. (“APC”), and its wholly owned business units, referred to herein as “APC” or “us” or “we”). Additionally, for the purposes of these Terms and Conditions, the term “Annie Parker Confidential” or “APC” shall mean and refer to its owners, officers, directors, employees and agents, and each of their combined or individual principals and affiliates, which shall each be third party beneficiaries of these Terms and Conditions.
These Terms and Conditions govern and apply to your (“you” or “your”) access to and use of this Site and any related domains on which this document appears, any order you place through Annie Parker Confidential, and as applicable your use of other products or services of Annie Parker Confidential. You must read these Terms and Conditions carefully before placing an order, or using the Site. By using the Site, and/or placing an order through the Site, you confirm that you have read, understood, and agree to these Terms and Conditions in their entirety.
If you do not agree to these Terms and Conditions in their entirety, you must notorder any product or service through or otherwise use the Site.The Terms and Conditions may be changed in the future without further notice. Your continued use of the Site and/or other products or services of APC after any such changes constitutes your acceptance of the new Terms and Conditions. These Terms and Conditions apply to your access to, and use of, the Site, any order you place through any APC websites, and to all products and services we supply, produce, distribute, or market.
To the extent of any express inconsistency with any other agreement you may have with APC for products, services, or otherwise, that other agreement shall prevail unless explicitly stated therein. If these Terms and Conditions refer or relate to a clause that is not part of that other agreement, then these terms shall apply therein as well, if you are a user of the Site.
User Conduct
The APC site, products, services and information contained therein, may only be used for lawful purposes. It shall not be used in such a way to infringe upon the rights others or restrict or inhibit anyone else’s enjoyment of the site.
Additionally, you further agree to refrain from:
In addition, you agree that you will comply with all applicable local, national, and international laws and regulations that relate to your use of or activities on this Site.
APC will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site. We reserve the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in these Terms and Conditions.
Privacy Policy
Users of this Site and/or other products or services of Annie Parker Confidentialshould refer to Annie Parker Confidential’sPrivacy Policy for information about how Annie Parker Confidential uses and collects information. You agree that Annie Parker Confidential may disclose your personal information to a third party if Annie Parker Confidentialbelieves in good faith that the law or legal process requires it, to protect the rights or property of Annie Parker Confidentialor others, or as otherwise described in the Privacy Policy.
Community Standards and Conduct Guidelines
You acknowledge that all content including all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on the APC website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings.
This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this website. We do not control the Postings posted, emailed or otherwise transmitted on our website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings.
Although we have adopted community standards and conduct guidelines for the users of our website (as described below), you understand that by using this website, you may be exposed to Postings that are offensive or objectionable.
Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss, injury or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this website.
Your privilege to use this website depends on your compliance with the community standards and conduct guidelines set forth above. APC reserves the right to revoke your privileges to use all or a portion of the website and take any other appropriate measures to enforce our community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we reserve the right to terminate your use of the site.
All communications, including, but not limited to, chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of this website for adherence to the community standards and conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities. Although we reserve the right to remove, without notice, any posting for any reason, we have no obligation to delete Postings that you may find objectionable or offensive.
Submissions
If, whether at our request or on your own, you send, email, post or otherwise transmit to us or the APC website – information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, information, notes, drawings, articles, stories about yourself or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings) (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of APC.
Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure or use of any Submissions.
Without limitation of the foregoing, you grant APC and our successors and assigns a royalty free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual, publicity and/or proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also warrant that any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to, or recognition of, the provider of the Submissions.
Links
These Terms & Conditions apply only to the APC website, and not to the websites of any other person, firm or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability or content of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Third Party Products and Services
You may order services, merchandise or other products through our website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs, injuries and/or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
Content uploaded to the Site
In the event that you upload any photographs, comments, video clips, or other media to the Site (the “Uploaded Content”), Annie Parker Confidential has the exclusive right to use any and all such elements of the Uploaded Content in connection with and/or as part of its business, including in connection with and/or in any advertising in any and all media, including, without limitation, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and cinema commercials, videos, or websites, in perpetuity throughout the world as Annie Parker Confidential in its sole discretion sees fit without further consent or payment. Site users must only post Uploaded Content that is owned by, and features, themselves, and no other third parties.
APC has all right, title, and interest in any and all results and proceeds from such use of the Uploaded Content. APC has the right to transfer the aforementioned rights to use the Uploaded Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. APC may alter, adapt, or edit the Uploaded Content and any further material created under these Terms and Conditions, and market and exploit it entirely at APC’s sole discretion. APC is not obliged to make any use of the Uploaded Content or exercise any of the rights granted by these Terms and Conditions.
Site Changes
APC may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the site or any products available through or outside of the site, temporarily or permanently, including the availability of any features of the site or access to any parts of the site, at any time without notice to you, and you agree that APC shall not be liable therefore.
Linked Sites
APC makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature, or reliability of sites accessible by hyperlink from this site, or sites linking to this site. The linked sites are not under the control of APC, and APC is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by APC of the site or any information contained therein. When leaving the site, you acknowledge that APC ‘s Terms and Conditions and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
Copyright
All Site materials, including, without limitation, APC and all APC product logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the “Content”) are Copyright © of Annie Parker Confidential. ALL RIGHTS RESERVED. APC or its suppliers or licensors own and retain other proprietary rights in all products available through the site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Annie Parker Confidential or the respective copyright owner. You may not, without the express written permission of Annie Parker Confidential or the respective copyright owner, (a) copy, publish, or post any materials on any computer network or broadcast or publications media; (b) modify the materials; or (c) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (a) sell, resell, or make commercial use of the site, its content, or services or products obtained through the Site; (b) collect and use of any product listings or descriptions; (c) make derivative uses of the site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Annie Parker Confidential or any third party.
Health Disclaimer
Annie Parker Confidential’s website provides general fitness, exercise and nutrition information and suggestions and is intended only to assist users in their personal exercise nutritional improvement efforts.
APC is not a medical or dietician organization and cannot give you medical or dietician advice or diagnosis. You are urged and advised to seek the advice of a physician or dietician before beginning any exercise and/or nutritional improvement effort or regimen.
Nothing contained in this website or in the materials which you order should be construed as such advice or diagnosis. The information and reports generated by us and the products you purchase or subscribe for should not be interpreted as a substitute for physician and dietician consultation, evaluation, or treatment.
This website is intended for use only by healthy adult individuals. The website is not intended for use by minors, pregnant women, or those with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of exercise and/or nutritional improvement effort or regimen.
The products and the claims made about nutritional products have not been evaluated by the U.S. Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician, dietician or other health care professional.
Indemnification
You agree to indemnify, hold harmless and, at our option, defend Annie Parker Confidential, our affiliates, and our and their officers, directors, employees, stockholders, agents, suppliers, providers, models, or entertainers and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this website or our products, services or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
Order and Payment Information
If you use the site or other means to purchase a product, payment must be received by APC prior to APC’s acceptance of an order, unless otherwise agreed by APC. APC may need to verify information you provide before accepting an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, APC will refund any payment you made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. APC expressly conditions its acceptance of your order on your agreement to these Terms and Conditions.
In ordering products through the site or otherwise, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to APC is registered to you. APC shall have the right to bar your access to and use of the site or its other products or services if it has reasonable grounds to believe that you have provided untrue, inaccurate, not current, or incomplete information to APC, or for any other reason it, in its sole discretion, deems appropriate. You agree that if you are ordering or purchasing products on behalf of a company, that you have sufficient authority to bind that company to the Terms and Conditions. You agree that your placement of an electronic order on the site is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
APC reserves the right without prior notice to discontinue or change specifications and prices on products offered on and outside of the site without incurring any obligation to you.
APC descriptions of, or references to, products not owned by APC on and outside of the site do not imply endorsement of that product, or constitute a warranty, by APC.
Disclaimer of Warranties
You expressly agree that use of this site and other products and services of APC is at your sole risk. You further understand and agree that this site and the information, services, products, and materials available through it and otherwise are provided on an “as-is” and “as-available” basis.
You acknowledge that APC does not control in any respect any advertisements, product descriptions, products, or content offered by third parties on or through this site, including, but not limited to, information or products provided by license to APC from third parties. Except as otherwise agreed in writing, APC and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability, or usefulness of content or products (including product descriptions) distributed or made available by third parties through or outside of this site. APC does not make any warranty as to the results that may be obtained from use of the site, any products or services offered or sold through the site, or its content.
Although we strive to prevent the introduction of viruses or other destructive materials to the site, APC does not warrant, guarantee, or make any representations that this site is free of destructive materials. Additionally, APC does not warrant that access to this site will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
APC disclaims any warranty or representation that confidentiality of information transmitted through this site will be maintained. To the extent allowed by law, APC disclaims all warranties not explicitly stated herein. Some jurisdictions do not allow the limitation or exclusion of certain warranties or conditions, so some of the above exclusions may not apply to you.
The terms of this section survive any termination of the Terms and Conditions.
Limitations on Liability
APC excludes all representations, warranties, conditions, and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law.
In no event, including, without limitation, negligence, shall Annie Parker Confidential or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with: (i) the site; (ii) the use or inability to use this site; (iii) the use of or reliance on any content or information displayed in or on the site; (iv) the purchase or use of any products through the site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received; (vi) errors, system down time, network or system outages, or file corruption or service interruptions; or (vii) otherwise under this agreement/terms and conditions, whether or not reasonably foreseeable, even if APC or its representatives are advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy.
Notwithstanding anything to the contrary contained herein, APC’s liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last 90 days to APC for any products supplied by APC through your use of the site or otherwise.
You further acknowledge that APC will not be liable in any amount for failure to perform any obligation under these terms and conditions if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.
These exclusions shall be governed by and construed in accordance with the law of the United States of America. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
International Users
This Site is controlled, operated, and administered by APC from its offices within the United States of America. APC makes no representation that materials on the site are appropriate or available for use at other locations outside of the United States, and access to them from territories where the contents or products available through the site are illegal is prohibited. You may not use the site or export the content or products in violation of U.S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
Termination
Notwithstanding any of these Terms and Conditions, Annie Parker Confidential reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your ability to use the site and to block or prevent future access to and use of the site. You agree that Annie Parker Confidential shall not be liable for any termination of your use of or access to the site.
Third-Party Rights
Only you and Annie Parker Confidential shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
The terms of this section survive any termination of the Terms and Conditions.
Language
It is the express intent of the parties that the Terms and Conditions and all related documents have been drawn up in English.
Applicable Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms and Conditions or your use of the site shall be filed only in the Superior Court of San Diego County, California, or the United States District Court for the Southern District of California, and except as stated herein you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of the Terms and Conditions. Notwithstanding the above, any controversy or claim related to this Agreement shall be resolved exclusively by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the “Act”). The Act will apply even though this Agreement provides that it is governed by the laws of California.
Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof (“JAMS”), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s).
In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Los Angeles, California. All Claims shall be determined by one arbitrator; however, if Claims exceed One Hundred Thousand Dollars ($100,000.00), upon the request of either Annie Parker Confidential or You, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing.
However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit.
Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this Agreement. This paragraph does not limit the right of Annie Parker Confidential to: (i) exercise self-help remedies, such as, but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as, but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. The prevailing party in any action or arbitration related to these Terms and Conditions shall be entitled to its reasonable attorney fees and costs.
The terms of this section survive any termination of the Terms and Conditions.
General
The Terms and Conditions constitute the entire agreement between Annie Parker Confidential and you with respect to your use of the site, your purchase of products and services through the site, and as applicable any products or services of Annie Parker Confidential. Any cause of action you may have with respect to the site or Annie Parker Confidential’s products or services must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary.
Any failure by Annie Parker Confidential to enforce or exercise any provision of the Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms and Conditions will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Annie Parker Confidential, and you do not have any authority to create any obligation or make any representation on Annie Parker Confidential’s behalf.
You may not assign or transfer any rights or obligations of these Terms and Conditions, by operation of law or otherwise, without Annie Parker Confidential’s written consent. Subject to the foregoing, these Terms and Conditions will be binding on, inure to the benefit of, and be enforceable against you and Annie Parker Confidential and their respective successors and assigns.
The terms of this section survive any termination of the Terms and Conditions.
Other important terms
We may update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the site. The Terms and Conditions displayed on the website at the time the order is accepted will apply to the order.
These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. We may assign, transfer, or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. No delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Last updated and effective January 10, 2019.
Privacy policy
Welcome to Annie Parker Confidential. (“Annie Parker Confidential”), and its principals, affiliates, subsidiaries and wholly owned business units, as well as Shelli Pelly, and respective affiliates and principals (collectively, “Annie Parker Confidential” or “us” or “we” or “our”). Annie Parker Confidential has created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. This privacy policy is here to tell you about, among other things, the information Annie Parker Confidential may collect through any current or future websites, including, but not limited to, annieparkerconfidential.com, through other means, how we use that information, and how Annie Parker Confidential can make changes to this privacy policy.
Children’s Privacy
We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. Annie Parker Confidential encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
What information does Annie Parker Confidential collect?
In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services or browse our websites without providing any personal information, but once you give us this personal information, you are not anonymous to us.
Annie Parker Confidential collects two types of information when you visit our website(s) or you do business with us via any medium: information that may be used to identify you individually, such as your name, physical address, phone number, email address or date of birth (“personal information”); and non-personal information, such as IP addresses, the type of browser you are using, and aggregated information about user activities on our Website(s) (“non-personal information”).
Personal Information:We specifically request personal information from you at certain points on and off our website(s). For example, when you call us, sign up for our products or subscriptions, visit or subscribe to our website(s), use our mobile or web applications or when you purchase an item or service, we collect personal information which may include, without limitation, your name, shipping and billing addresses, telephone number, email address, credit card information, and date of birth.
From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media websites, or from Affiliated Companies or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with a specific product or service or information, or to offer you personalized content.
Non-personal Information:When you visit our website(s), we also collect non-personal information, such as your IP address, which is a number that can be used to identify your location and Internet Service Provider. We may also collect other information such as the type of browser or device you are using, the URL from which you came to our Website(s) and the URLs that you visited on our Website(s). A URL is the full address of a Website page, which may contain some personal or identifying information about the person who is viewing it.
Information We Obtain from Other Sources: We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook Connect) through or in connection with our website(s), we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.
Use of Cookies:We also use a feature of your browser called a cookie to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our websites to give you a better overall shopping experience. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our website(s). Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our websites properly. Current versions of many web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your web browser’s Help menu for more information on the cookie management features available to you.
Use of Pixel Tags: We may also collect information through the use of “pixel tags” on our websites and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages.
When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. Annie Parker Confidential may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.
Do Not Track Signals.Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our website(s) unless you provide such information to us.
We also work with third parties that use tracking technologies on our websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.aboutads.info.
How does Annie Parker Confidential use or disclose the information it collects?
Annie Parker Confidential’s Use of Personal Information and Non-personal Information: We use your personal information to process your requests, fulfill your orders and communicate with you about your orders, send important notices or tell you about new products or services. We may also use your personal information to improve our products, services and advertising, personalize our website(s), target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you. On occasion, we may also contact you about Annie Parker Confidential’s or any of its business units’ or partners’ products or services that we think you will find useful. We might also contact you to see if you are interested in participating in market research regarding Annie Parker Confidential. For information about opting out of such communications, please see our Opt-Out Policy section below.
Third Party or Co-Branded Offers:Annie Parker Confidential occasionally partners with third parties (“Affiliated Company”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company certain limited information, such as your name and shipping address. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information such as your e-mail address, phone number and other contact information, and if you purchased a product, your credit card information.
Cookies:We may use cookie and IP address information to count and track website visits and purchases in the aggregate, to personalize the website(s) for each unique user, to control the frequency of individual advertisements to individual computers, and to target advertisements and promotions to broad demographic segments. We may also use IP addresses to help diagnose problems with our server, and to administer our Website(s).
Customer Service Issues and Contacts:We may use your personal information to contact you in response to customer service complaints you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction.
Transaction Processing:When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction.
Legal Requirements:We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Annie Parker Confidential and its employees or others.
Business and Accounting Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.
Third Party Tools/Services:At various points and pages on our website(s), you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect). These third parties have separate data collection and privacy practices independent from ours, and thus Annie Parker Confidential cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Other Disclosures:Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed.
In addition, we may contact you via email or use targeted online advertising. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.
Security
Annie Parker Confidential uses industry-standard security measures in place to protect the loss, misuse, and alteration of the information under our control, and we make good-faith efforts to store your personal information in a secure operating environment. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.
Other Websites; Links
On our website(s) and in communication with you, we may include links or referrals to businesses and Websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus Annie Parker Confidential cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.
Community Center/Community Chatrooms/Message Boards
Our website(s) may include online forums, chat rooms, message boards, and other interactive technologies that allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and Annie Parker Confidential cannot control what use third parties may make of this personal information.
All of these forums are public. Please consider this before you post.
Users Based Outside of the USA; Transfer of Personal Information
Like almost every website and business, Annie Parker Confidential and its website(s) may be accessed by an international audience. By visiting any of our website(s) and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.
What happens to my information if Annie Parker Confidentialis sold to or merges with another company?
It is possible that Annie Parker Confidential and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.
Changes to This Policy
This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our website(s) in this location together with the date of the last update. Your continued business relationship or use of the website(s) after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our website(s) or business relationship with us.
Contacting Annie Parker Confidential:
Annie Parker Confidential
505 Lomas Santa Fe, #270
Solana Beach, California 92075
Attention: Legal Department
or: Enquire@annieparkerconfidential.com
Last updated and effective: May 15, 2019