Last updated: July 2016
PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER
PRODUCT AVAILABILITY AND DESCRIPTIONS
All orders placed through the Site are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order, but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order. Generally, items that are out-of-stock are no longer available.
While we try to provide accurate pricing information, we cannot insure against pricing errors or changes. Therefore, we reserve the right, in our sole discretion, to cancel or not process any order placed on the Site if the price was incorrectly provided as a result of an error. In such instances, we will notify you by email and correct the price on the Site.
We attempt to provide accurate descriptions of the products and services available on our Site. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free.
Sales tax will be added to orders when applicable. It will be displayed during checkout along with any other pricing information that may pertain to your order.
SHIPPING AND RETURNS
We may require each user to have a unique username and password combination before ordering products from the Site. You are responsible for any actions that take place while using your account. Keep your username and password secure and do not allow anyone else to use your username or password to access the Site. We are not responsible for any loss that results from the unauthorized use of your username or password, with or without your knowledge.
The Site may be available with mobile use. Not all carriers and devices are supported. Your use of the Site may be subject to the terms and conditions of your agreements with your mobile device manufacturer and your carrier.
All content included on the Site, such as photos, text, graphics, designs, logos, catalogs, icons, presentations, videos, data, instructions, photographs, and software (the "Materials") is the property of Hanna Andersson or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.
HANNA ANDERSSON®, as well as other trademarks, service marks and logos that we use, are trademarks of Hanna Andersson. Your use of any of the trademarks found on this Site without express permission is strictly prohibited.
(i) use any manual process or robot, spider, scraper, or other automated means to collect information from users of the Site;
(ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, distribute, or exploit in any way the Materials or information from the Site;
(iii) mirror any Materials contained on this Site or any Hanna Andersson server or use framing techniques to enclose the Site or any part thereof;
(iv) violate the restrictions in any robot exclusion headers on the Site, work around, bypass, or circumvent any of the technical limitations of the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site, or decompile, disassemble or otherwise reverse engineer the Site;
(v) perform or attempt to perform any actions that would interfere with the proper working of the Site, prevent access to or use of the Site by our other users, or impose an unreasonable or disproportionately large load on our infrastructure;
(vi) change or delete any ownership notices from the Site;
(vii) take any action or use the Site in a way that violates law, would create liability or promote illegal activities;
(viii) impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account
(ix) use any metatags or any other hidden text incorporating Hanna Andersson's name or trademarks;
(x) solicit, trace or otherwise collect any information from users or visitors of the Site;
(xi) use the Site for commercial activities such as contests or advertising; or(xii) create a database by downloading and storing the Materials or any part thereof.
Hanna Andersson respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at customerservice@hannaAndersson.com and provide the following information:
(i) A description of the copyrighted work that you believe has been infringed;
(ii) A description of what the allegedly infringing work is;
(iii) A description of the location where the allegedly infringing work is located on the Website;
(iv) An address and telephone number where you can be contacted, including an email address if possible;
(v) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
(vii) A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
Your comments, suggestions and information are important to us. With respect to any content you submit or make available to Hanna Andersson or on the Site, including but not limited to your biography, comments, reviews, endorsements, testimonials, pictures, videos and other content, you grant, and warrant that you have the right to grant, to Hanna Andersson a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense such content, in whole or in part, in any media, now or hereafter known or developed for all purposes, without any additional consideration due to you. We do not prescreen content posted by users and cannot guarantee the Site will be free from content that is inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable. You acknowledge that we are acting only as a passive channel for such distribution. We have no liability relating to any user content or activities of users on the Site. Even in the event we choose to monitor any user content, we assume no responsibility for, or any obligation to monitor or remove such user content.
REPRESENTATIONS AND WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND HANNA ANDERSSON ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. HANNA ANDERSSON MAKES NO WARRANTY THAT (I) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE QUALITY OF ANY CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS; (III) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND (IV) THAT ANY CONTENT UPLOAD TO THE SITE IS PROTECTED OR SECURE. This disclaimer does not apply to products ordered through the Site, which are backed by Hanna Andersson's Unconditional Guarantee.
LIMITATION OF LIABILITY AND DAMAGES
To the maximum extent permitted by applicable law, Hanna Andersson, its affiliates, officers, directors, employees, agents, services providers and licensors shall not be liable to you or anyone for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether we have been advised of the possibility of such damages), however caused, whether based on upon contract, in tort, warranty or any other legal theory, arising out of or related to the Site. This limitation does not apply to claims of personal injury caused by products ordered through the Site.
This limitation of liability reflects an allocation of risk between the parties
By using the Site, you agree to receive certain electronic communications from us, whether on our website, through the Site or by email. You may unsubscribe from communications at any time by clicking the appropriate link in the communication. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. All calls, emails and other communications between you and Hanna Andersson may be recorded.
We control and operate the Site from our offices in the United States. We do not represent that the Site (or any content) are applicable, appropriate or available for use in locations outside the United States. If you choose to access or use the Site from locations outside of the United States, you do so at your own initiative and risk and you are responsible for compliance with all applicable United States and local laws and regulations. Unless otherwise stated, the Site is solely directed to individuals, companies, or other entities located in the United States.
If a dispute should arise between you and Hanna Andersson, we want to provide you with a resolution that is efficient and
cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's
satisfaction by using our customer service, reachable by calling 1-800-222-0544 or by sending an email on our website.
If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY--IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Hanna Andersson agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Hanna Andersson's intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Hanna Andersson may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBIRTATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate arbitration are available from JAMS at http://jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Hanna Andersson must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Hanna Andersson will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Hanna Andersson will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States country where you live or work, Oregon, or any other location we mutually agree to, subject to Oregon law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Hanna Andersson, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hanna Andersson.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRAIL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Hanna Andersson in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND HANNA ANDERSSON WAIVE ALL RIGHTS TO A JURY TRAIL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
b. Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Oregon, excluding its conflict of law rules. Your further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Multnomah County, Oregon or the District Court of Oregon.
c. Limitations on Claims.
Any cause of action or claim you may have with respect to Hanna Andersson or the Site (including without limitation the purchase of products and services) must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. This provision does not apply to users residing in New Jersey.
d. No Waiver.
The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such as provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
f. Entire Agreement.