Terms of Use

Last Updated: November 8, 2025

These Terms of Use (“Terms”) apply to the www.HannaAndersson.com website and related pages (the “Site”) provided by Hanna Andersson, LLC, having a principal place of business at 608 NE 19th Avenue, Portland, OR 97232 (“Hanna”, “we”, “our” or “us”), our online services (the “Services”) and products offered thereon (the “Products”).  

BY AGREEING TO THESE TERMS, YOU AND HANNA AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH HANNA YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19. Terms of sale in Section 8 govern Product purchase. If you do not agree to these Terms, do not use our Products or Services. 

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Supplemental Terms control if they conflict with these terms. Our Supplemental Terms include our Gift Card Terms And Conditions, the Hanna Rewards Terms and Conditions, and the Hanna PreLoved Terms of Use. 

We may update these Terms from time to time. The “Last Updated” date shows the latest revision. If we make material changes, we may notify you (e.g., via email or in-Service notice). Unless stated otherwise, changes take effect when posted, and continued use confirms acceptance. If you disagree, stop using the Products and Services.  

 

Eligibility and Use Restrictions 

Users under 18 (or the age of majority where you live) may not use our Products or Services. Parents who believe a minor is using the Services without consent should contact help@hannaandersson.com. Products and Services are for personal, family, or household use only; commercial use is prohibited. 

 

Your Information  

You may provide, or we may collect, information when you use the Products or Services. You agree to receive communications via the contact details you provide. You may opt out of marketing emails as described in our messages or by contacting us at customercarecenter@hannaAndersson.com or calling us at 800-222-0544. If you wish to unsubscribe from emails, you can click on the unsubscribe link at the bottom of the email you received or change your email preferences in your account. If you send an email to customer service, please be sure to include “Opt-Out” in the subject line and include your name, address, and/or email address as it appears on the email or mailing you received from Hanna and indicate from which list(s) you would like to be removed (email and/or mailing). 

We maintain a "Do Not Mail" file to ensure we honor your "opt out" requests for print mailings. Please note that, since mailings are arranged in advance, it may take up to eight weeks for your print mailing "opt out" to become effective. If you make purchases from our website, you will still receive order and shipping confirmation emails. In addition, customer service may contact you by phone, email, or mail with questions related to your order. 

You represent and warrant that any information that you provide to Hanna is accurate. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.  

 

SMS Terms 

1. Texting Program Details. If you agree to receive communications from Hanna via text messaging (the “Texting Program”) you may receive text recurring and nonrecurring text messages related to: Hanna’s Products and offerings, as well as other information that we think will be of interest to you. Message frequency will vary. Hanna reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Hanna also reserves the right to change the phone number from which messages are sent. Consent to receive automated text messages is not a condition of any purchase. Message and data rates may apply.  
   
   Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Hanna, our service providers, and the mobile carriers supported by the Texting Program are not liable for delayed or undelivered messages.
   
   We will not share information gathered through text messages with third parties for their marketing purposes unless we have your consent. 

2. Participating Carriers. We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Hanna reserves the right to add or remove eligible mobile phone carriers from the Program from time to time. 

3. Cancellation. You may opt out of the Program at any time. Text STOP to 63978 to unsubscribe from marketing text message alerts, you will receive one additional message confirming that your request has been processed. Message and data rates may apply. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not consist of the STOP keyword commands. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Hanna through any other programs you have joined until you separately unsubscribe from those programs. 

4. Help & Customer Care. Text the keyword HELP to 63978 to receive customer care contact information. If you are experiencing any problems, please contact our customer care team at customercarecenter@hannaAndersson.com or calling us at 800-222-0544. 

 

Accounts 

While you may purchase Products from our Site without creating an account, certain features (such as our registry) require an account. You agree to provide accurate, up-to-date information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity on your account. We are not responsible for losses from unauthorized use of your account, whether or not you are aware. We may reclaim or require changes to usernames that infringe others’ rights. 

 

User Content  

1. You and others may create, post, store, and share content (“User Content”) through our Services. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make information publicly available through the Services, you do so at your own risk.  

2. Except for the license you grant below, you retain all rights to your User Content, except for any part of the Services included in it. You grant Hanna and its subsidiaries and affiliates a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.  

3. You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; (ii) would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law; (iii) may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (v) impersonates, or misrepresents your affiliation with, any person or entity; (vi) contains any unsolicited promotions, political campaigning, advertising, or solicitations; (vii) contains any private or personal information of a third party without such third party’s consent; (viii) contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or (ix) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Hanna or others to any harm or liability of any type. 

4. Enforcement of this Section 5 is solely at Hanna’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 5 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.  

5. We do not review all User Content and are not obligated to do so. We may remove or refuse to post User Content, suspend or terminate access, or take other steps we reasonably believe are necessary to comply with law or these Terms and to protect users, Hanna, or third parties, and we may cooperate with law enforcement as permitted by law. 

 

Prohibited Conduct  

1. You may only use our Products or Services if eligible under Section 1 and only for their intended purpose. Further, you will not, in connection with our Products or Services: (i) violate any applicable law or other third-party right; (ii) engage in any harassing, predatory, or stalking conduct; (iii) use or attempt to use another user’s account or information without authorization from that user and Hanna; (iv) impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; (v) copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Products or Services, except as expressly permitted by us or our licensors; (vi) modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; (v) interfere with, disrupt, or negatively affect other users or the functioning of our Services; (vi) reverse engineer any aspect of our Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Services; (vii) use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Service except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that Hanna grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Hanna reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; (viii) develop or use any applications or software that interact with our Services without our prior written consent; (ix) send, distribute, or post spam; or (x) use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms. 

2. Enforcement of this Section 6 is solely at Hanna’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.  

 

Product Listings 

The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). We strive for Listings to be complete, accurate, and current, but they may sometimes be inaccurate, incomplete, or outdated. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Listings, Product availability, and coupon or discount validity may change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.  

 

Terms of Sale 

By purchasing a Product through the Services, you agree to the terms set forth in this Section 8 (the “Terms of Sale”). 

1. Eligibility. To complete your purchase, you must have a valid billing and shipping address in a country selectable at checkout. 

2. Restrictions. You may only purchase Products for personal use by either yourself or your intended recipient of the Products. We may limit purchase quantities per order, account, payment card, person, or household. 

3. Price. Prices shown on the Site exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the checkout page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Site are subject to change at any time without notice. If we do not collect taxes for your jurisdiction, you are responsible for any sales taxes owed. 

4. Payment. If you wish to make a transaction, you may be asked to supply certain relevant information, such as your payment card number and its expiration date, your billing address, and your shipping information, to us or our payment processors. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. We may receive updated information from your issuing bank or our payment service provider about any payment method you have stored with us. You authorize us to charge your payment method, including any updated payment method information we receive, for any charges you are responsible for under these Terms. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred through the Services at the prices in effect when incurred, including applicable taxes and shipping charges. If your account becomes past due, we may refer it for collection. To the extent permitted by law, you agree to reimburse our reasonable costs of collection (including reasonable attorneys’ fees). 

5. Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.  

6. Order Delays; Cancellation. We reserve the right to delay, refuse, or cancel any order prior to delivery. For example, if there are errors on the Site or made in connection with your order or inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. 

7. Reservation of Rights. Hanna reserves the right to limit the available quantity of or discontinue making any Product available; to impose conditions on the honoring of any coupon, discount, or similar promotion; to bar any user from making any transaction; to alter the payment option for Products; and to refuse to provide any user with any Product. 

 

Shipping and Returns Policy  

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

 

Ownership; Limited License 

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Products, and all intellectual property rights therein and thereto, are owned by Hanna or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services and Products, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 5 and 6), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any misuse of the Products or use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. 

 

Trademarks 

HANNA ANDERSSON® and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Hanna and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Products or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.  

 

Feedback 

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Hanna or our Products or Services (collectively, “Feedback”). We may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation, including to develop, copy, publish, or improve Feedback, Products, or Services, or to create new ones at Hanna’s discretion. Hanna will exclusively own all improvements to, or new, Hanna products, services, or Products or Services based on any Feedback. Feedback may be treated as nonconfidential.  

 

Repeat Infringer Policy; Copyright Complaints 

1. Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others (our "DMCA Policy").  

2. Reporting Claims of Copyright Infringement. If you believe that any content on our Products or Services infringe any copyright that you own or control, you may notify Hanna’s designated agent (your notification, a “DMCA Notice”) as follows: 

	Designated Agent:	Brad Bell
	Address:	608 NE 19th Avenue Portland, OR 97232
	Telephone Number:	1-800-222-0544
	Email Address:	CopyrightNotice@hannaandersson.com

 

 

 

 

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Products or Services is infringing, you may be liable to Hanna for certain costs and damages. 

 

Third-Party Materials 

1. Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate. 

2. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through our Services at any time. Your access to and use of such Third-Party Materials may be subject to additional terms, conditions, and policies.  

Indemnification 

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Hanna and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Hanna Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Indemnification Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Hanna Parties of any third-party Indemnification Claims, cooperate with Hanna Parties in defending such Indemnification Claims, and pay all fees, costs, and expenses associated with defending such Indemnification Claims (including attorneys' fees). The Hanna Parties will have control of the defense or settlement, at Hanna's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Hanna or the other Hanna Parties. 

 

Disclaimers 

Except as otherwise stated in writing and to the fullest extent allowed by law, Services and all content (including Third-Party Materials) are provided “as is” and “as available,” without any warranties, express or implied. Hanna disclaims all warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. Hanna does not warrant that Services or content (including Third-Party Materials) are accurate, complete, reliable, current, error-free, or uninterrupted. Hanna cannot guarantee Services, content, or servers are free of viruses or harmful components. You assume all risk for use and quality of Services and content. All disclaimers benefit Hanna, its affiliates, shareholders, agents, representatives, licensors, suppliers, service providers, and their successors and assigns. 

This disclaimer does not apply to our Products. 

 

Limitation of Liability 

1. To the fullest extent permitted by applicable law, Hanna and the other Hanna Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if Hanna or the other Hanna Parties have been advised of the possibility of such damages. 
2. The total liability of Hanna and the other Hanna Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to $500. 
3. The limitations set forth in this section will not limit or exclude liability for personal injury, death, or property damage caused by the Services, Products purchased through the Services, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct of Hanna or the other Hanna Parties. 

 

Release 

To the fullest extent permitted by applicable law, you release Hanna and the other Hanna Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” 

 

Dispute Resolution; Binding Arbitration  

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HANNA TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND HANNA CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND Hanna FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND HANNA AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. HANNA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.  
 

YOU AND HANNA EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS. 
 

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 19(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. 

1. Claims This Section Applies To. This Section 19 applies to all Claims between you and Hanna. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 19(c), below) between you and Hanna, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms, the Platform or the Services, including any claims related to the use or operation of the Platform or the Services, the purchase of any products or services made available through the Platform or the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it. 

2. Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Hanna or if Hanna believes it has a Claim against you, you and Hanna will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Hanna will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 19(b) (a “Claimant Notice”).  The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement. 
   
   You must send any Claimant Notice to Hanna by certified mail, addressed to Hanna, Inc., Attn: Legal Department, [legal mailing address] or by email to [legal email address]. Hanna will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Hanna. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.  
   
   No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Hanna files an Arbitration Demand without complying with the requirements in this Section 19, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief. 
   
   To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms. 

3. Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Hanna, including any disputes in which you or Hanna seek injunctive or other equitable relief for the alleged unlawful use of your or Hanna’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 19(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it. 

4. Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 19, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Platform and the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Hanna. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Hanna.  
   
   These Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Hanna to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). 

5. Arbitration Procedure and Location. You or Hanna may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.  
   
   Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Hanna by certified mail addressed to Hanna, Inc., Attn: Legal Department, 608 NE 19th Ave, Portland, OR 97232 or by email to Arbitration@hannaandersson.com. Hanna will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Hanna. 
   
   The arbitration will be conducted by a single arbitrator in the English language. You and Hanna both agree that the arbitrator will be bound by these Terms. 
   
   For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules. 
   
   The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Hanna agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. 
   
   Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement. 

6. Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms. 

7.  Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution. 

8. Confidentiality. If you or Hanna files a Claim in arbitration, you and Hanna agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other Hanna that might be exchanged or the subject of any discovery in the arbitration. You and Hanna agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. 

9. Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 19(i) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below. 

   1. Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them. 

   2. Initial Arbitrations. The parties shall identify an initial set of 18 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 18 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise. 

   3. Mediation. Upon conclusion of the 18 Initial Arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner. 

   4. Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 18 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 20. 
      
      If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law. 
      
      If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 19(b) to proceed in arbitration in the same manner as described in Section 19(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved. 

10. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing Arbitration@hannaandersson.com. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19. 

11. Rejection of Modifications to this Section 19. You may reject any change we make to this Section 19 (except changes to notice addresses) as to you, by emailing Arbitration@hannaandersson.com within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 19. You may reject changes to Section 19 only as a whole. You may not reject only certain changes to Section 19. If you reject changes made to Section 19, the most recent version of Section 19 that you have not rejected will continue to apply. 

12. Severability. If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable. 

 

Governing Law 

Any dispute, claim, or controversy arising from or relating to these Terms will be governed by and construed in accordance with the laws of the State of Oregon, except to the extent preempted by U.S. federal law, and without regard to conflict-of-law rules that would apply the laws of another jurisdiction. If any such dispute is not subject to arbitration under Section 19, the state and federal courts in Multnomah County, Oregon, will have exclusive jurisdiction, and you and Hanna waive any objection to venue in those courts. Where local law requires consumer contracts to be interpreted under local law and enforced in local courts, this section applies only to the extent it does not conflict with that local law. 

 

Modifying and Terminating Services 

We may modify Services or suspend or terminate all or part of our Services at any time; may charge, modify, or waive fees for their use; and may extend offers to some or all users. We might provide advance notice of any suspension or discontinuation, for example by email or in-service notice. Unless Hanna states otherwise in writing, all modifications and additions are governed by these Terms or any Supplemental Terms. You may stop using our Services at any time. We are not liable for any loss or harm arising from your inability to access or use our Services. 

 

Severability 

If any portion of these Terms other than Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent. 

 

Export Control 

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.  

 

Miscellaneous 

Hanna’s failure to enforce any right or provision of these Terms is not a waiver. These Terms constitute the entire agreement and supersede all prior agreements, representations, statements, and understandings. Section titles are for convenience only and have no legal effect. “Including” means “including without limitation.” Except as stated, these Terms benefit only the parties and confer no third-party rights. Communications and transactions may occur electronically. 

If you have a question or complaint regarding the Products or Services, please email help@hannaandersson.com or call our Customer Care Team at 1.800.222.0544 from 6 AM PT to 8 PM PT. Email communications are not necessarily secure; do not include payment-card or other sensitive information. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.