The following are the terms of use that govern consumers' use of the www.adenandanais.com Website (the “Site”). Retailers are subject to different terms o use. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms.

HALO Dream, Inc. & 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.

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 or licensed by aden + anais. All other aden + anais trademarks appearing on this Site are trademarks of aden + anais or its licensors.

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.

aden + anais products displayed on the Site are available in select stores in the United States and select markets outside the United States 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.

aden + anais strives to provide accurate descriptions of Products displayed on the Site. aden + anais does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item for a refund of the purchase price plus tax and related delivery costs.

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 computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

No rights in any design aspect of, or incorporated in, any Products shall pass to you except as an integral part of the Products themselves. You agree that you will not copy or reproduce, or cause to be copied or reproduced, directly or indirectly, any Products (including fabrics and materials used in connection with the Products); construction or fabrication of the Products; packaging for the Products; or print designs incorporated in the Products.

The restrictions set forth in this provision shall apply whether or not such Products, packaging and/or print designs are protected or protectable under copyright, patent or trademark law.

In the case of Products, or portions thereof, that are not protected by law (e.g., copyright, patent or trademark), such restrictions shall apply until three years following your last use of the Site.

This Product Protection provision shall survive termination of this Agreement.

Your offering or submitting to aden + anais comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your 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 offered or 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 offered or 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.

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

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.

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.

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.

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.

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 markets outside the United States. This Site is controlled and operated by aden + anais from its offices in Brooklyn, New York.

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, including disputes relating to Products purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of New York, solely between you and aden + anais, and not on any representative or class basis. Further, unless you and aden + anais agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

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

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 D. Richardson
Freeborn & Peters LLP
230 Park Avenue, Suite 630
New York, New York 10169

VIA EMAIL:jrichardson@freeborn.com

with a copy to
DMCA@adenandanais.com

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

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.

These Terms constitute the entire agreement of between you and aden + anais regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

Last Updated: June 2015

User Content may be monitored and is subject to removal if Aden + Anais, in its sole discretion, believes the User Content violates these terms.  You understand and agree that Aden + Anais may block a user’s ability to view or post on the Aden + Anais social pages.  You agree not to use the Aden + Anais social accounts  to engage in conduct or disseminate User Content that:

• • Is inaccurate, false, untrue or misleading
• • Is harmful, offensive or causes injury to Aden + Anais or anyone else
• • Is malicious, abusive, hateful, defamatory or threatening
• • Is obscene, indecent, pornographic or unlawful
• • Violates any laws or regulations, or the legal rights of Aden + Anais or anyone else
• • Infringes any Aden + Anais or third-party intellectual property or other proprietary rights (patent, trademark, copyright or trade secret)
• • Violates anyone’s rights of privacy or publicity
• • Involves or discloses confidential Aden + Anais information
• • Contains viruses or corrupted files or other similar software or programs that might disrupt or damage the operation of another’s computer
• • Is used to advertise, offer or sell any products or services, or otherwise involves commercial solicitation
• • Is political campaigning
• • Is a chain letter, mass mailing or any form of “spam”

You are solely responsible for the User Content you submit, and Aden + Anais assumes no liability for any claim arising out of or relating to your User Content. You agree to indemnify Aden + Anais against all claims and liabilities incurred by Aden + Anais as a result of or in connection with your User Content. 

You represent that any User Content submitted by you is original and non-infringing.  For any User Content that you submit, you grant Aden + Anais a perpetual, unlimited, worldwide, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate such content into any form, medium or technology throughout the world, all without compensation to you. For this reason, do not post any User Content that you do not wish to be used by Aden + Anais for any purpose or in any manner.  In addition, you grant Aden + Anais the right to use your name in connection with any User Content submitted by you. 

Aden + Anais reserves the right to update or modify these Terms of Use at any time without prior notice. Any such revisions will be effective at the time of posting to the Aden + Anais social media accounts, and your use of this site following any such revisions constitutes your acceptance of such revisions and your agreement to follow and be bound by the terms.