Welcome to Schwartz.com ("Schwartz"). This Agreement describes the terms and conditions applicable to your use of the Schwartz website ("Site"). By using your Account to access the Site, you are agreeing to be bound by all of the terms in this Agreement.
The term "Content" applies to any data, material, information or comments of any type on the Site, as well as data, material, information, or comments provided by third parties. Where applicable, content on the Site is subject to the following disclaimer "These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent disease".
Schwartz will provide you with access to the Site for the purpose of learning about Schwartz and its products. By providing this access, Schwartz is acting as an online information provider only. No identifying information about any person under the age of 18 should be included in any submission or e-mail to the Site.
This is a Contract
By acknowledging your acceptance of these terms and conditions, a contract will exist between you and Schwartz. Schwartz agrees that it will honor its obligations contained here and in its Privacy Statement (which sites Schwartz may change from time to time and which you accept so long as Schwartz posts reasonable notice of such changes on the Site), as well as any other terms for providing service which we may place in writing from time to time.
Permitted Use/Proprietary Rights
All information and content available on the Site, including all Content provided by the Content Providers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights or laws, unless otherwise specified. The Contents include images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other materials at the Site. You may not, without Schwartz’s or the appropriate Content Providers permission, download, copy, modify, display, or prepare derivative works based upon the Content on the Site. All rights not expressly granted herein are reserved. Any reproduction, except for your personal non-commercial use, or republication, distribution, assignment, sublicense, sale or creation of derivative works, of all or any portion of the Content viewed or accessed from the Site without the express written permission of Schwartz or the Content Providers is expressly prohibited. You may not copy, post, or upload any of Schwartz’s Content to an Internet website, any public or private bulletin board system, or any other electronic network or Internet service, nor may you post any links between Site, and or any Content thereon, to any other website or location. You understand and agree that the information and Content available on the Site may contain valuable proprietary rights and that any unauthorized, unlicensed, or prohibited disclosure, distribution, copying, or use of any kind of this information and Content (“Unauthorized Use”) could result in substantial and irreparable harm to Schwartz and/or the respective Content Providers. Any Unauthorized Use by you shall be deemed an infringement of the rights of Schwartz or the respective Content Provider therein and shall constitute damage to the reputation and goodwill of Schwartz. You agree to bear full responsibility for the consequences of any Unauthorized Use by you or anyone acting on your behalf, including without limitation, termination of your Schwartz account, civil liability, and criminal prosecution. Notwithstanding any other remedies, you agree that Schwartz, or the appropriate Content Provider, shall be entitled as a matter of right, and without notice, to equitable relief by way of injunction or otherwise, in the event of any unauthorized use by you.
Limit of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS"; "WITHOUT WARRANTY OF ANY KIND". SCHWARTZ MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SCHWARTZ SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Check your state law.
IN NO EVENT SHALL SCHWARTZ, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, BUSINESS PARTNERS, CUSTOMERS AND ANY OTHER AUTHORIZED AGENT OR REPRESENTATIVE OF SCHWARTZ HAVE ANY LIABILITY FOR ANY CLAIM, LOSS OR INJURY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO SCHWARTZ'S SERVICE, THE USE OR THE INABILITY TO USE THE SITE AND/OR ANY CONTENT, ANY CONTENT OR OTHER GOODS OR SERVICES PURCHASED, LICENSED, OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY USER CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY NEGLIGENCE OF SCHWARTZ OR ANY OF ITS AFFILIATES OR AGENTS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
To the fullest extent allowed by law, you hereby release and discharge Schwartz, its affiliates, officers, directors, shareholders, employees, business partners, customers and any other authorized agent or representative of Schwartz, from any and all liability associated with your use of the Site. This release shall apply to any and all claims, whether known or unknown, held by you. With respect to the releases contained herein, the parties agree that this release fully and finally releases and forever resolves the actions and liabilities released herein, and each party hereby waive all benefits under Section 1542 of the California Civil Code, as well as under any other statutes or common law principles of similar effect. Each party acknowledges having read and understood Section 1542, which states as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You hereby also agree and covenant not to sue and expressly waive any and all claims against Schwartz for any claim that is released hereunder or for an amount in excess of the limitation of liability provided in this Agreement.
Last Updated December 2, 2008.