Terms of Use

 

Schwabe North America, Inc. - Website Terms of Use Agreement

Date Last Modified: January 17, 2020

Schwabe North America and its subsidiaries and affiliates ("Schwabe North America,” “we,” or “us”) welcome you. The following Website Terms of Use Agreement ("Terms of Use") governs your use of the Internet website owned and operated by Schwabe North America (the "Site"). Please read these Terms of Use and our Privacy Policy carefully because they govern your use of the Site and our online store for our Products. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use and the Privacy Policy. For ease of reference, the Site and our online store are collectively called the “Services.” 

1. Agreement to Terms of Use

By accessing and using the Services, you agree to be bound by the terms and conditions contained in these Terms of Use, you acknowledge: (i) that we will process your information; and (ii) to the use of cookies and similar technologies in accordance with our Privacy Policy.  If you do not agree to the terms set out in these Terms of Use, you must not use the Services.

2. Your Obligations

You are required to comply with all applicable laws in connection with your use of the Services, and such further limitations as may be set forth in any written or on-screen notice from Schwabe North America. As a condition of your use of the Services, you warrant that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

3. Privacy Policy

You agree and consent to the terms of the Schwabe North America Online Privacy Policy, a copy of which you should review by clicking here.

4. Availability of the Services

We make no representations and provide no warranties that: (i) the Services will be made available at any time or from any specific geographical location; (ii) your access to the Services will be continuous or uninterrupted; or (iii) the Services will be accessible or optimized on all browser, computers, tablets, phones or viewing platforms.  We reserve the right to suspend access to all or part of the Services for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Services, content updates, periodic maintenance, or to resolve any issues of which we become aware. The Services are provided for users in Canada. Although it may be possible to access the Services from other countries, we make no representation that the Services are compliant with any legal requirements in force in any jurisdiction other than Canada, or that the content available on the Site will be appropriate for users in other countries or states.

5. No Professional Advice

Any information supplied through the Services or by any employee or agent of Schwabe North America, whether by telephone, e-mail, letter, facsimile or other form of communication, is for educational purposes or general guidance on the use of the Services, and does not constitute medical, legal, tax, accounting or other professional advice. Health-related information provided through the Services is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner.  You should not use the information on this Site for diagnosing or treating a health problem or disease. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site.  The receipt of any questions or feedback you submit to Schwabe North America does not create a professional relationship and does not create any confidentiality privileges beyond those described in our Privacy Policy. 

6. Online Product Purchases

  •  Product Purchases. You may purchase products available on the Site. All products, specifications, descriptions, and prices are subject to change at any time without notice. Your purchase is subject to these Terms of Use and the Privacy Policy. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 
  • Payment Information. You will be asked to enter your payment details during the checkout process. By placing an order, you confirm that the credit card you use is yours. All card payments are subject to authorization by your card issuer.
  • Shipping. Products you purchase through the Site will be shipped to you at the address you designate as the shipping address during the check-out process. Schwabe North America is not responsible for any packages that are refused or held for delivery. Refunds will not be issued for any orders that are refused by intended recipient or that cannot be delivered to due to an address error. Currently, our Products are only available for purchase by residents of Canada and will only be shipped within Canada*. Free shipping on orders over $50 (pre tax), and orders less than $50 (pre tax) will be charged a $6.95 shipping fee.

*Please note, we do not currently ship to PO Boxes, Northwest Territories, Yukon and Nunavut. In addition, if you live in any remote area where the cost of shipping the item is higher then the cost of the item itself, we have the right to cancel your order. 

  • Return Policy. We may, at our sole discretion, issue a refund provided it is within 30 days of the date of purchase. Proof of purchase in the form of a packing slip or email confirmation is required. To determine if you qualify, please contact us at salescanada@naturesway.com. Schwabe North America reserves the right to refuse all returns.

We reserve the right to request the product be shipped back to us in its original packaging at the customer’s expense and we do not assume responsibility for lost or misdirected returns. Please note that clearance items, as well as short-dated and expired product are not eligible for an exchange or refund.

For more information, please email us at salescanada@naturesway.com or give us a call at 1-800-665-3414 and someone from our Customer Support Team will be happy to help.

7. Product Use

Regulations for product use are established by country. Information contained on this site pertains only to Canada, and is not intended to provide adequate information for product use. Before using any product, read and carefully observe the directions on the label.

8. Links to Third-Party Services

The Services contain links to other services ("Linked Services"). The Linked Services are not under the control of Schwabe North America, and Schwabe North America is not responsible for the content of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Schwabe North America is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Schwabe North America in favor of any company offering Internet services, products or services on the Linked Services.

9. Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Schwabe North America or its affiliates, subsidiaries or third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Schwabe North America or any third party.

The Service and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Services is strictly prohibited, without the prior written consent of Schwabe North America. Requests for permission to reproduce any information contained on this Site should be addressed to Schwabe North America, Inc. Attn: Legal Department, 825 Challenger Drive, Green Bay, WI 54311, e-mail: privacyquestion@naturesway.com.

Notwithstanding the above, Schwabe North America authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Service, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the Service. Systematic retrieval of data or other content from this Service to create, directly or indirectly, a collection, compilation, database or directory without written permission from Schwabe North America is prohibited.

10. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging and designs of all Schwabe North America or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Schwabe North America or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Schwabe North America or any third party.

11. Modification of These Terms of Use

Schwabe North America reserves the right to amend these Terms of Use at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound. Your use of the Services after the posting of modifications to these Terms of Use will constitute your acceptance of these Terms of Use, as modified. If at any time you do not wish to accept these Terms of Use, you are not thereafter authorized to use the Services.

12. Updating Your Information

If you need to update any of your online and/or off-line contact information, please send an email to Schwabe North America Customer Service or a letter to Schwabe North America, Attn: Customer Service, Nature’s Way Canada, #4-15 Garland Avenue, Dartmouth, Nova Scotia B3B 0A6.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS." SCHWABE NORTH AMERICA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. SCHWABE NORTH AMERICA DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCHWABE NORTH AMERICA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SCHWABE NORTH AMERICA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

SCHWABE NORTH AMERICA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

14. Limitation of Liability

IN NO EVENT WILL SCHWABE NORTH AMERICA OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE SERVICES OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.

SCHWABE NORTH AMERICA RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SERVICE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF SCHWABE NORTH AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SCHWABE NORTH AMERICA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. Indemnification

Upon a request by Schwabe North America, you agree to defend, indemnify and hold harmless Schwabe North America and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms of Use or your violation of any rights of another.

16. Digital Millennium Copyright Act / Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide Schwabe North America's Copyright Agent with the following information:

  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the allegedly infringing material on the Service that is requested to be removed;
  • Your name, address and daytime telephone number, and an e-mail address if available, so that Schwabe North America may contact you if necessary;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Schwabe North America's Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows: Legal Department Copyright Agent Schwabe North America, Inc. 825 Challenger Drive Green Bay, WI 54311 e-mail: privacyquestion@naturesway.com

Any notice that fails to comply with the above requirements will not be considered sufficient notice.

Schwabe North America will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

17. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding its conflict of law rules. You and Schwabe North America expressly agree to submit to the exclusive jurisdiction and venue of the courts in Wisconsin in all disputes arising out of or relating to the use of the Services.

18. No Waiver

The failure of Schwabe North America to enforce any provisions of these of Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

19. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schwabe North America as a result of these Terms of Use or your use of the Services. Nothing contained in these Terms of Use is in derogation of Schwabe North America's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Schwabe North America with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Severability and Integration

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Schwabe North America and governs your use of the Services. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.