Legal - Terms of Use

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

Date Last Modified: January 15, 2021

Schwabe North America and its subsidiaries and affiliates, including Nature’s Way Products, LLC, ("Schwabe North America,” “we,” “our” or “us”) welcome you. The following Website Terms of Use Agreement ("Site Terms of Use") governs your use of this 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 Site 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 Site Terms of Use

By accessing and using the Services, you agree to be bound by the terms and conditions contained in these Site 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 Site 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 Site 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 the United States. 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 United States, or that the content available on the Site will be appropriate for users in other countries.

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. The information provided through the Services and on the Site does not replace the relationship that exists between you and your physician. 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

(a) 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 Site 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.

(b) 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.

(c) 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. We cannot ship to P.O. Box addresses. 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 the 50 United States and the District of Columbia, and will only be shipped within the 50 United States and the District of Columbia. Free ground shipping on all orders of $25 or more. Some products may not be available to ship to some states due to applicable state laws.

(d) Return Policy. If you are not satisfied with your purchase for any reason, you may return it within 45 days of date of shipment of your purchase for a full refund, excluding any shipping charges. Please keep your packing slip or confirmation email for proof of purchase. We monitor return activity for abuse and reserve the right to limit or refuse returns or exchanges.

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.

7. Product Use

Regulations for product use are established by country. Information contained on this site pertains only to United States, and is not intended to provide adequate information for product use. Before using any product, read and carefully observe the directions on the label. Some products may not be available to ship to some states due to applicable state laws.

8. Links to Third-Party Services

The Services may 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 Services, 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 the Services 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. Submission of Questions and Release (“Ask the Expert”)

By submitting a question in response to one of our requests or questions on @natureswaybrands Instagram stories or via our Ask the Expert submission form on the Site (“Your Question”), you grant us, our agents, affiliates, and/or related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use Your Question, your name, and your handle (“Your Content”) in any media, including, but not limited to, on its webpages, social, marketing, third party materials, promotional materials, advertising, and any other commercial purpose without any compensation to you. We may use, reproduce, distribute, combine with other materials, alter and/or edit Your Content in any manner in its sole discretion, without any obligation or additional permission from you.

Your Question is deemed to be non-confidential and non-proprietary. We are under no obligation to use Your Question. You agree to cooperate with us and sign any supporting documentation we may reasonably require, confirming our ownership, including copyright ownership and your waiver of any applicable moral rights.

Any personal identifiable information collected in providing Your Question will be collected by us or our agent and used by us as described in these Terms and in accordance with our Privacy Policy.

You represent and warrant to us that (i) you are 18 years old or older and a legal resident of the 50 United States; (ii) have the right to transmit Your Content; (iii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to Your Content; (iv) you hold the rights necessary to grant the licenses described herein; (iv) Your Content will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party.

You hereby release us from any claims, damages, actions or liabilities arising from our use of Your Content as permitted herein.

You agree to indemnify, defend, and hold harmless us from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees arising from any breach of the foregoing representations and warranties.

12. User Generated Content Terms of Use (“UGC Terms of Use”)

The "Content" refers to the photo(s), video(s), story(ies), caption and comments you posted on Facebook, Twitter, Instagram or Pinterest ("Social Media") described in the message we sent referring you to these UGC Terms of Use. In addition, the Content may include your responses to questions we sent you in a message regarding your use of our products, any photos or videos you provide directly to us, as well as any product reviews you posted on Social Media or provided directly to us.

By responding to our message with the requested hashtag or response, you agree that we may use your Content in accordance with these UGC Terms of Use.

You represent and warrant that:

You are at least eighteen (18) years of age or are legally considered an adult in the State or Country where you reside;

You have full power and authority to agree to these UGC Terms of Use;

The Content is your own original creation, you did not take the Content from another website, social media posting or elsewhere, and the Content does not contain anything that violates the rights of any person or entity;

The Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or us;

The Content does not contain anything illegal, defamatory, obscene or offensive;

You have permission from any person(s) appearing in the Content to provide us with the rights to use the Content as described in these UGC Terms of Use;

Your upload or post of the Content does not violate any applicable laws or the terms or requirements of the Social Media platform(s) where you uploaded or posted the Content;

Our use of the Content as described in these UGC Terms of Use will not violate the rights of any person or entity and will not violate any law;

You confirm and agree that Our use of the Content as described in these UGC Terms of Use does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and

You have read and you agree to comply with all of the terms and conditions in these UGC Terms of Use.

You grant us an irrevocable and unlimited right and license to use the Content (and to allow others to use the Content) including allowing us to feature your name, social media handle, accompanying text, and any images, without the payment of any royalty. You agree that you shall never withdraw this permission and license to use the Content. We may use the Content for any business purpose on our websites and social media pages, and in our digital newsletters, and any other online, digital marketing material and in any new media or technology that becomes available later in time, throughout the world, for an unlimited time. You agree that we may use, copy, , modify, alter, edit, publish, create new derivative works from, make available and display the Content (or any part of the Content) and related content, and include the Content (or any part of the Content) into other works, for any business related purposes, including but not limited to promotional and marketing purposes. You also grant us the right, at our sole choice, to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of the Content. You agree that we have no obligation to use the Content or your name or other identifying information.

You confirm that you have the consent or permission of any other person or entity that is required for our use of the Content as described in these UGC Terms of Use, including but not limited to: (a) any person who appears or performs in the Content, and (b) any person or entity who owns any rights in the Content or anything that appears in the Content. You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to Copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the Content and the rights you are granting us under these UGC Terms of Use.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing or which become law in the future in any part of the world.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these UGC Terms of Use. Whether we choose to use the Content or not is solely our choice. We have no obligation to use the Content and we may remove or stop using any Content at any time, for any reason. Use of the Content does not imply our endorsement of or any affiliation with you.

We will use any personal data we receive in connection with our use of the Content in accordance with these UGC Terms of Use and in accordance with our Privacy Policy.

If you believe that the Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 and the instructions provided in these Site Terms of Use.

You shall be liable for and shall indemnify us against any and all claims, actions, liabilities, losses, damages, expenses (including reasonable legal expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations, representations or warranties under these UGC Terms of Use.

These UGC Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without our prior written consent. We may assign our rights and obligations under these UGC Terms of Use to any other person, in whole or in part, without consent.

A failure by us to exercise and any delay, forbearance or indulgence by us in exercising any right, power or remedy under these UGC Terms of Use (in whole or in part) shall not operate as a waiver of that right, power or remedy or preclude its exercise at any subsequent time or on any subsequent occasion. A person not a party to these UGC Terms of Use has no right to enforce any of these terms.

These UGC Terms of Use contain all the terms agreed between us regarding the Content and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Any questions regarding these UGC Terms of Use may be directed to: Schwabe North America, Inc., Attn: General Counsel, 825 Challenger Drive, Green Bay, WI 54311.

13. Customer Ratings, Reviews, and Submissions

We welcome your reviews, comments, submissions, and any other content you submit through the Site. By submitting any such content, you allow us to feature, such as your name, social media handle, accompanying text, and any images (collectively, “User Submissions”).

By submitting any User Submissions, you agree that:

You are the sole author and owner of the intellectual property rights in the User Submissions;

All "moral rights" that you may have in such User Submissions have been voluntarily waived by you;

All User Submissions that you post is accurate;

You are at least 18 years old;

Use of the User Submissions you supply does not violate these Site Terms of Use and will not cause injury to any person or entity.

You further agree that you may not submit any User Submissions:

That is known by you to be false, inaccurate or misleading;

That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);

That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

For which you were compensated or granted any consideration by any unapproved third party;

That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;

That contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including, but not limited to, Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any User Submissions that you submit, you grant Schwabe North America a perpetual, irrevocable, royalty-free, transferable right and license to use , copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium or technology throughout the world without compensation to you.

All User Submissions that you submit may be used at our sole discretion. We reserve the right to change, condense, withhold publication, remove or delete any content on the Site that we deem, in our sole discretion, to violate the User Submissions’ guidelines above or any other provision of these Site Terms of Use. We do not guarantee that you will have any recourse through Schwabe North America to edit or delete any User Submissions you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Schwabe North America, are responsible for the contents of your User Submissions. None of the User Submissions that you submit shall be subject to any obligation of confidence on the part of Schwabe North America, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Schwabe North America neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Schwabe North America.

14. Modification of These Site 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.

15. 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 at info@naturesway.com or a letter to Schwabe North America, Attn: Customer Service, Schwabe North America, Inc., 825 Challenger Drive, Green Bay, WI 54311.

16. 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.

17. 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.

18. 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.

19. 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.

20. Choice of Law and Forum

These Site 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.

21. 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.

22. 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 these Services or information provided to or gathered by Schwabe North America with respect to such use. A printed version of these Site 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 Site 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.

23. Severability and Integration

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Schwabe North America and governs your use of the Services. If any portion of these Site 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.