Date Last Modified: May 15th, 2015
Schwabe North America and affiliates ("Schwabe North America") welcome you. The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the Internet website owned and operated by Schwabe North America (the "Service"). Please carefully review this entire Agreement. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in the Agreement. Your use of the Service constitutes your binding consent to all such terms, conditions, and notices. If you do not agree to be bound by this Agreement, you are not authorized to use this Service.
You are required to comply with all applicable laws in connection with your use of the Service, 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 Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
No Professional Advice
Links to Third-Party Services
This Service contains 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.
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Integrative Therapeutics or its 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 Service for any purposes. Nothing stated or implied on the Service 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 Service is strictly prohibited, without the prior written consent of Schwabe North America. Requests for permission to reproduce any information contained on this Service should be addressed to Schwabe North America, Inc. Attn: Legal Department, 825 Challenger Drive, Green Bay, WI 54311, e-mail: email@example.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.
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. Images used on the Equinox Pure website are copyrighted by Schwabe North America (© 2004).
Modification of This Agreement
Schwabe North America reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you are not thereafter authorized to use the Service.
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, 825 Challenger Drive, Green Bay, WI 54311.
Disclaimer of Warranties
THE SERVICE IS 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.
Limitation of Liability
IN NO EVENT WILL Schwabe North America OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SERVICE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THIS SERVICE 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.
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 this Agreement or your violation of any rights of another.
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service 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: firstname.lastname@example.org
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.
Choice of Law and Forum
This Agreement 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 this Service.
The failure of Schwabe North America to enforce any provisions of this Agreement 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 this Agreement or to act with respect to similar breaches.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schwabe North America as a result of this Agreement or your use of this Service. Nothing contained in this Agreement 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 this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Information regarding California Transparency in Supply Chain Act of 2010
Schwabe North America’s mission is to be one the world’s leading vitamin and dietary supplements company. We seek to achieve this by creating sustainable value for our customers with high-quality products, winning business solutions, and exceptional service-all while enriching the lives of our partners and communities around the globe.
Schwabe North America’s Policy is to operate within the spirit and letter of the law and to maintain high ethical standards wherever we conduct business. Schwabe North America does not condone or tolerate efforts or activities to achieve results through illegal or unethical dealings anywhere in the world.
Schwabe North America’s suppliers know that the Company is concerned not only with results, but also with how those results are achieved. We expect all of our suppliers to conduct their businesses with the same standards. We will actively seek business relationships with suppliers who share our values and promote the application of these high standards among those with whom they do business.
The State of California Transparency in Supply Chain Act of 2010 (the Act) requires that manufactures and retailers disclose their efforts to eradicate slavery and human trafficking from the supply chain. The following describes Schwabe North America’s efforts.
1. Engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. The disclosure shall specify if the verification was not conducted by a third party.
Every two years we evaluate our suppliers and identify high risk suppliers on a number of parameters including known risks and country locations. Forced and child labor is included in the known risk category, and we use the U.S. Department of Labor’s Bureau of International Labor Affairs (ILAB) “List of Goods Produced by Child Labor or Forced Labor” as an aid in the evaluations.
2. Conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit.
Schwabe North America requires that high-risk suppliers are audited by an independent, third party auditor at least every two years. These audits are announced beforehand, and the auditors utilize the Sedex Members Ethical Trade Audit (SMETA) Best Practice Guidelines and audit report format.
One area that the auditor assesses is whether “employment is freely chosen,” i.e., there is no forced, bonded, or involuntary prison labor, and workers are not required to lodge “deposits” or their identity papers with their employer and are free to leave their employer after reasonable notice.
3. Requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
Schwabe North America's purchase order Terms and Conditions requires that all suppliers be in full compliance with applicable government, legal, regulatory, and professional requirements, specifically including the prohibition on employing children, prison labor, indentured labor, bonded labor, and using corporal punishment or other forms of mental and physical coercion as a form of discipline.
4. Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.
Schwabe North America’s employee policy handbook explains the standards to be followed in our business activities as well as our legal and ethical responsibilities. The policy handbook applies to all Schwabe North America employees. Schwabe North America also expects our suppliers to comply with the relevant aspects of our policy handbook and this is captured in our Supplier Code of Conduct.
5. Provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chain of products.
In addition to all the child and forced labor provisions outlined in the policy handbook, Schwabe North America’s purchasing employees, including management, receive additional training on slavery and human trafficking. The training covers:
- The definition of human trafficking and forced labor
- Why is it important to Schwabe North America
- The steps Schwabe North America takes to prohibit forced labor
- Steps employees can take to combat forced labor.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Schwabe North America and governs your use of this Service. If any portion of this Agreement 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.