Terms of Service
Welcome to anngish.com. Please read the following use and disclaimer carefully before using this web site ("Site). This agreement ("Agreement") is an agreement between you and Ann Gish Inc. ("anngish.com") that states the terms and conditions under which you may use the Site and receive services from anngish.com, which includes processing and shipping of orders (the "Ann Gish Service"). If you visit or shop at anngish.com, you accept these conditions. If you do not agree with these terms, please do not use this Site.
Your credit card will be charged within 72 hours of the day you place your order. anngish.com will not process orders that use an incorrect, expired, or over-the limit credit card. If this occurs, we will make every effort to contact you. If an order such as the above occurs, anngish.com reserves the right to collect funds for uncollected transactions owed to it. anngish.com does not accept checks or cash at this time. You will be responsible for any fees, including attorney's fees and collection costs, that may be incurred in any effort to collect unpaid balances. Your right to use the Ann Gish service is subject to limits established by Ann Gish and/or by your credit card issuer.
Copyright and Ownership
All Site content, design, text, graphics, and interfaces, the collection, selection, and arrangement thereof and all software are the property of, or duly licensed to anngish.com. Consent is granted to view, electronically copy, and print in hard copy portions of this site for the sole purpose of placing an order with anngish.com for your use. Any other use of materials on this site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of anngish.com is strictly prohibited. You acknowledge that anngish.com and/or third party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. anngish.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from anngish.com.
All logos, titles, characters, names, graphics, and button icons are service marks, trademarks and or/ trade dress of anngish.com and may not be used by you for any reason other than as expressly permitted by this agreement. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Ann Gish Service.
anngish.com has links to other sites. These web sites have their own policies on privacy that you may wish to review. anngish.com does not take responsibility for these web sites.
Acceptable Use Policy
This site is only intended for lawful purposes. You are responsible for any and all acts and omissions that occur under your account or password. You agree not to engage in unacceptable use of the Ann Gish Service. This includes but is not limited to: (a) transmitting unsolicited messages, chain letters or unsolicited commercial e-mail; (b) transmitting information that infringes on the rights of others, is threatening, abusive, harassing, defamatory, derogatory, vulgar, obscene, bigoted, profane, pornographic, indecent, otherwise objectionable or otherwise violates local, state or federal law; (c) transmitting graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) exporting, re-exporting, or permitting downloading of any message or content in violation of any export or import law, regulation, or restriction of the United Sates and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfering with, disrupting, or attempting to gain unauthorized access to other accounts on the Ann Gish Service or any other computer network; (g) transmitting viruses, Trojan horses, or any other malicious code or program; or (h) engaging in any other activity deemed by anngish.com to be in conflict with the spirit or intent of this Agreement.
Disclaimer of Warranty, Limitation of Liability, Indemnification
anngish.com makes every attempt to provide accurate information on the Site. We do not, however, warrant that product description or other content is error-free.
You expressly agree that the use of the Ann Gish Service, the Site, and the internet is entirely at your own risk. The Ann Gish Service, the Site, and its contents are provided on an "as is," "as available" basis. To the extent permitted by applicable law, anngish.com disclaims all representations and warranties of any kind, whether express or implied, including, but not limited to, the warranties or merchantability or fitness for a particular purpose, with respect to the Ann Gish Service, the Site, or its contents or with respect to any information, services, and products provided through or in connection with the Ann Gish Service. anngish.com does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. anngish.com makes no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the Site or the Ann Gish Services. anngish.com does not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
Neither Ann Gish nor any of its directors, employees, shareholders, affiliates, agents, representatives, third-party information providers, merchants, or licensers (collectively, "Ann Gish Parties") shall be liable for any damages of any kind, including, but not limited to, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of, or the inability to use the Site, the Ann Gish Service, or the internet. anngish.com's liability shall be limited to providing you with a refund or exchange for any product that is returned. Your sole and exclusive remedy here under shall be limited to providing you with a refund or exchange for any product that is returned. Your sole and exclusive remedy here under shall be to discontinue your use of the Ann Gish Service and to terminate this agreement. anngish.com reserves the right to limit your order or the quantity of a specific product you may order. Because some states or jurisdictions do not allow the exclusion of limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law. anngish.com is controlled and operated in West Springfield, MA, USA and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability is subject to change without notice. You agree to defend, indemnify, and hold anngish.com Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. anngish.com may suspend or terminate this Agreement or the Ann Gish Service or remove or disable access to any portion of the Ann Gish Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Ann Gish Service at any time for any reason by delivering notice in the manner provided below. Termination will be effective the day notice is received or such later date specified in the notice. anngish.com reserves the right to collect fees and charges incurred before you cancel your Ann Gish Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Third Party Beneficiaries
The provisions of this agreement are for the benefit of Ann Gish Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of the Agreement and your Ann Gish Service.
anngish.com may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on March 20, 2021.
anngish.com may give notice to you of a change in the Agreement, a change in Ann Gish Fee Schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to anngish.com by telephone at 212-727-2122, by electronic mail (as specified in the "contact us" section of the Ann Gish Web Site) or by conventional mail to:
857 Elm Street
West Springfield, MA 01089
Attention: Customer Service