Date Last Modified: January 17, 2020
2. Your Obligations
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
6. Online Product Purchases
- 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 firstname.lastname@example.org. 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 email@example.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: firstname.lastname@example.org.
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.
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.
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: email@example.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
18. No Waiver
20. Severability and Integration