Terms & Conditions

General

The following are the terms of use that govern the www.adenandanais.com Website (the “Site”). Your use of the Site constitutes your agreement to these terms. Aden & Anais, Inc. (“aden + anais”), reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

Site Content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by aden + anais. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by aden + anais. All other aden + anais trademarks appearing on this Site are trademarks of aden + anais.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product Information

aden + anais products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

Design Protection

No rights in the design of aden + anais’ products, or designs incorporated in such products, shall pass to you except as an integral part of products purchased by you. You agree not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, aden + anais’ products, product designs, designs incorporated in such products, or product packaging. This Design Protection provision shall survive termination of this Agreement.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Comments and Submissions

All comments, feedback, suggestions, ideas, and other submissions offered or submitted to aden + anais in connection with your use of this Site (collectively, “Comments”) shall be aden + anais’ property. Such offer or submission of any Comments constitutes an assignment to aden + anais of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. aden + anais is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

You agree that Comments submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Privacy Policy

You agree that aden + anais may use and/or disclose information consistent with our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold aden + anais harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Links to Other Web Sites

To the extent that this Site contains links to services and resources not within aden + anais’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that aden + anais shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL ADEN + ANAIS OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ADEN + ANAIS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy Disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified and except to the extent aden + anais products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting aden + anais’s products available in the United States and select foreign markets. This Site is controlled and operated by aden + anais from its offices in Brooklyn, New York.

Choice of Law and Venue

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of Kings.

Third-Party Trademarks

Third-party trademarks, trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

Notices for Reporting and Making Claims of Copyright Infringement

aden + anais will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

Jeremy Richardson
Phillips Nizer, LLP
666 Fifth Avenue
28th Floor
New York, New York 10103

VIA FACSIMILE: (212) 262-5152
VIA EMAIL: jrichardson@phillipsnizer.com

Please send any concerns regarding our products or services to info@adenandanais.com.

Termination

This Agreement is effective unless and until terminated by either you or aden + anais. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. aden + anais may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.