Last updated: June 2019
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
While you may purchase products from our Site without creating an account, certain features (such as our registry) require you to create an account. You promise to provide current and accurate information when registering for an account. 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.
CONSENT TO EMAILS
By submitting your email address, you agree that Hanna Andersson and its third-party service providers may use your email address to contact you about your account, User Content (defined below) and to send you marketing emails, all in accordance with our Privacy Statement.
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.
- use any manual process or robot, spider, scraper, or other automated means to collect information from the Site or from users of the Site;
- copy, modify, republish or repost, distribute, or otherwise exploit the Materials or information from the Site;
- mirror any Materials contained on this Site or any Hanna Andersson server or use framing techniques to enclose the Site or any part of the Site, or circumvent any of the technical limitations of the Site;
- perform or attempt to perform any actions that would interfere with access to or operation of the Site;
- change or delete any ownership notices from any Materials or the Site;
- use the Site in a way that violates law, would create liability or promote illegal activities;
- transmit files or messages containing computer viruses or worms, Trojan horses, or “spyware” programs;
- impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account; or
- use the Site or post anything to the Site for commercial activities such as contests or advertising.
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 customercarecenter@hannaAndersson.com and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Website;
- An address and telephone number where you can be contacted, including an email address if possible;
- 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;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- 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.
USER CONTENT AND REVIEWS
Your comments, suggestions and information are important to us. Certain features of the Site allow you to post or submit comments, reviews, endorsements, testimonials, pictures, videos and other content ("User Content"). User Content does not include your account registration data; providing User Content is voluntary.
As between Hanna Andersson and you, you retain ownership over your User Content. By providing User Content, you grant (and promise 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 your User Content, in any media for any legal purpose, without any additional consideration due to you.
To the extent that your User Content includes names, biographical information, or other identifying features ("Likeness") of you or your family members (including children), you hereby consent to Hanna Andersson publishing and using your Likeness: (i) in the context of your User Content and (ii) for any other lawful purpose, including marketing Hanna Andersson's products and services.
By submitting User Content to Hanna Andersson, you promise that:
- you are the sole author and owner of the intellectual property rights to the User Content;
- you are waiving all "moral rights" that you may have in User Content;
- all User Content is accurate; and
- you are at least 18 years old.
You further promise that you will not submit any User Content:
- that violates the Site Restrictions described above;
- that is false, inaccurate or misleading;
- that contains confidential information;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites or personal information
THE SITE AND MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. HANNA ANDERSSON MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE SITE OR MATERIALS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HANNA ANDERSSON HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE MATERIALS AND SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HANNA ANDERSSON EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE AND NOT INTERCEPTED, THAT THE CAPABILITIES OFFERED ON THE SITE WILL BE UNINTERRUPTED, OR THAT ACCESS TO OR USE OF THE SITE WILL BE FREE FROM ERRORS OR DEFECTS OR THAT SUCH ERRORS OR DEFECTS WILL BE CORRECTED. This disclaimer does not apply to products ordered through the Site.
LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HANNA ANDERSSON BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO (i) THE USE, INABILITY TO USE, DELAY, SECURITY, OR PERFORMANCE OF THE SITE; (ii) THE MATERIALS; (iii) YOUR USER CONTENT OR OTHER DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON CONTACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY OF LIABILITY, EVEN IF HANNA ANDERSSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with any portion of the Site, your sole and exclusive remedy is to discontinue using the Site. This limitation does not apply to claims of personal injury caused by products ordered through the Site.
You acknowledge and agree that the essential purpose of this section is to allocate the risks of operating the Site and limit Hanna Andersson's potential liability. We have relied on these limitations in determining whether to provide you with the rights to access and use the Site.
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 marketing emails 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, chats, emails and other communications between you and Hanna Andersson may be recorded and used in accordance with our Privacy Statement.
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.
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.
YOU 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"). 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 sample Demand at www.jamsadr.com.
(2) Send three copies of the Demand, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. We will reimburse those fees for claims totaling less than $5,000, unless the arbitrator determines the claims are frivolous. Likewise, Hanna Andersson will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator will conduct hearings, if any, by teleconference or video conference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location.
The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
NO CLASS ACTIONS: You agree that 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.
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. Under those circumstances, tour further expressly consent and agree to submit to the exclusive jurisdiction and venue of a state or federal court located in Multnomah County, 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 is 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.