Terms of Use

Last updated: July 2018

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

Hanna Andersson's Terms of Use ("Terms of Use") is a legal agreement between you and Hanna Andersson ("we," "us," or "our") that governs your use of the HannaAndersson.com website and other Hanna Andersson services (collectively, the "Site"). By using the Site, you signify that you have read, understand and agree to be bound by these Terms of Use. We have the right to change the Terms of Use at any time. We agree to post a notice of the changes to our Site, and the changes will be effective after posting such notice to our Site. Your continued use of the Site shall be considered your acceptance to the revised Terms of Use.

You agree to our use of your personal information and content in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference.

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

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

For information on shipping, tax and return policies, review our Shipping Rates and or Returns Policy, which may change from time to time.

REGISTRATION

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 Policy.

MOBILE USE

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.

INTELLECTUAL PROPERTY

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.

LIMITED LICENSE

So long as you comply with these Terms of Use, Hanna Andersson grants you a limited, worldwide, nonexclusive, nontransferable, revocable, personal license to access and use the Site for your personal use solely to make purchases and interact with the Site in accordance with these Terms of Use. We may modify or discontinue offering any or all of our services at any time, for any or no reason, without notice to you and without any liability.

SITE RESTRICTIONS

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms of Use. Except as expressly and unambiguously permitted in these Terms of Use, you may not, nor may you permit anyone else to, directly or indirectly:

  • 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.

COPYRIGHT

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

All content that you submit may be used at Hanna Andersson's sole discretion. Hanna Andersson reserves the right to change, condense or delete any User Content that Hanna Andersson believes violates these Terms of Use. Hanna Andersson does not guarantee that you will have any recourse through Hanna Andersson to edit or delete any User Content you have submitted. However, in most cases, you may contact Hanna Andersson to request that we remove your review. Reviews are generally posted within two to four business days. However, Hanna Andersson reserves the right to remove or to refuse to post any User Content for any reason. You acknowledge that you, not Hanna Andersson, are responsible for your User Content. All User Content may be posted publicly, and therefore Hanna Andersson is not under any obligation of confidentiality, express or implied, with respect to your User Content.

WARRANTY DISCLAIMER.

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, which are backed by Hanna Andersson's Unconditional Guarantee.

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.

OUR MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE IS LIMITED TO THE LESSER OF (i) THE AMOUNT OF MONEY YOU HAVE SPENT ON PURCHASES THROUGH THE SITE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $500.00. Applicable law may not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

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.

INDEMNITY

You agree to indemnify, defend and hold harmless Hanna Andersson, its affiliates, officers, directors, employees, agents, services providers and licensors from and against all losses, liabilities, costs (including without limitation attorneys' fees and costs on appeal or at trial), damages, judgments, and claims, arising from or relating in any way to your User Content or to your misuse of the Site, violation of laws, or breach of these Terms of Use.

ELECTRONIC COMMUNICATIONS

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 Policy.

INTERNATIONAL USERS

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.

TERMINATION

We reserve the right in our sole discretion to: (i) terminate your account, (ii) delete your account and any of your content, (iii) restrict your use of all or any part of the Site, and (iv) modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from certain IP addresses or device numbers and prevent access to the Site. These Terms of Use shall remain in effect even after your account is terminated and termination does not relieve you of any obligations to pay any fees or costs accrued prior to termination and any other amounts owed by you to us. Upon termination, the license provided in these Terms of Use to you shall automatically end and we reserve the right to delete all of your information and data stored on our servers.

RESOLVING DISPUTES

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 to customercarecenter@hannaAndersson.com. If our customer service team cannot resolve your concerns, these Terms of Use describe how we will resolve 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.

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 videoconference, 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.

OPT-OUT OF AGREEMENT TO ARBITRATE: you can decline this agreement to arbitrate by emailing Hanna Andersson at arbitrationoptout@HannaAndersson.com and providing the requested information as follows: (1) your name; (2) your address; (4) your phone number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Site.

MISCELLANEOUS

a. Survival.
The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Use, including without limitation, Content Submitted, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages and Miscellaneous.

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.
Our failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Use.

e. Severability.
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.
These Terms of Use and Privacy Policy constitute the entire agreement between you and us and govern your use of the Site. These Terms of Use supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Use.