PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of [www.newchapter.ca] (the “Site”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”).  It states the terms and conditions under which you may access and use the Site and all written and other materials displayed or made available through the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Site Content”). [New Chapter, Inc.](“New Chapter”) may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Site. Your continued use of the Sitesignifies your acceptance of any revised Terms and Conditions, so check back frequently to read the most recent version.

The Site may, from time to time, contain health related information, including as related to various medical conditions and their treatment. Should a medical condition arise or persist, you are strongly advised to promptly see your physician or other medical professional.

New Chapter Does Not Provide Medical Advice

You acknowledge and agree that this Site, New Chapter and the Site Content does not purport to provide medical, health or other professional advice and nothing on the Site, the Site Content or these Terms and Conditions shall be taken, implied or construed as an offer to provide, or a provision of, medical or health advice or as a recommendation for any specific course of action. Any information offered in relation to the nutritional content or health benefits of any New Chapter products or in relation to other health issues is general in nature and is provided for informational purposes only. It is not a substitute for professional health or medical advice and should not be relied upon. Countries other than Canada may have regulatory requirements or medical practices that are different than those in Canada and may require reference to different or additional information. Therefore, the Site Content may not be appropriate outside of Canada.

Use of Site

Although accessible by others, the Site and Site Content are intended for access and use by residents of Canada only.

In addition to complying with these Terms and Conditions, you agree to use the Site and Site Content for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations.

The Site Content may not be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of New Chapter, except that you may download, display and print the content presented on the Sitefor your personal, non-commercial use only. Unauthorized use of the Siteand/or the Site Contentmay violate applicable copyright, trade-mark or other intellectual property laws or other laws. You must retain all copyright and trade-mark notices, including any other proprietary notices, contained within the Site Content. The use of the Site Content on any other web site or in any environment of networked computers is prohibited.

Ownership

All Site Content is the property of New Chapterand/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and is protected by Canadian and international copyright laws. None of the Site Contentmay be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of New Chapter or the applicable Third Parties. All software used on this site is the property of New Chapteror its software suppliers and protected by Canadian and international copyright laws.

Certain words, phrases, names, designs or logos used on the Site may be protected as trade-marks of New Chapter or other entities. Nothing contained on this Site should be construed as granting any license or right to use any trade-mark, logo, or design displayed on this Site without the express written permission of New Chapter or the respective owner. Nothing contained on the Siteshould be construed as granting, by implication or otherwise, any license or right to use any trade-marks except with the express written permission of New Chapteror the other party that may own the applicable trade-marks.

Termination

New Chapter may, in its sole discretion, cancel or terminate your right to use the Site, or any part of the Site, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination of these Terms and Conditions. New Chapter shall not be liable to any party for such termination.

Privacy

You have read New Chapter’sPrivacy Policy, the terms of which appear on the Sitehere www.newchapter.ca/privacy and are incorporated into these Terms and Conditions, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by New Chapterin accordance with the terms of and for the purposes set out in New Chapter’sPrivacy Policy.

Feedback

New Chapterenables visitors to the Site to provide New Chapter with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant New Chapter a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant New Chapter the right to use the name you submit with the Customer Content, if any, in connection with New Chapter’s rights set out in this section.

Liability disclaimer – READ THE FOLLOWING CAREFULLY

EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME, NEW CHAPTERAND THE THIRD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITEAND/OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED ON THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW CHAPTERAND THE THIRD PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF SITE, OR ANY OF THE CONTENT OR DATA FOUND ON THE SITE, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF THE SITE, ITS CONTENT OR DATA, AND ANY PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

NEW CHAPTERAND THE THIRD PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITEOR YOUR DOWNLOADING OF ANY SITE CONTENT.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NEW CHAPTER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OR ANY THIRD PARTIES (AS DEFINED ABOVE), BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY) RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF ANY SITE CONTENT FROM THE SITE OR SUBMISSIONS TO THE SITE OR ANY LOST FILES, DATA OR INFORMATION SUPPLIED BY YOU) OR THE USE OF, OR YOUR RELIANCE ON, ANY SITE CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT NEW CHAPTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OUGHT TO HAVE REASONABLY KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless New Chapter and each of its respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, costs, or expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of these Terms and Conditions; (b) your access to or use of this Site or any website to which this Site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this Site; or (d) your violation of any law or regulation.

Linking

The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by New Chapter of any third-party website or the content thereof. Unless expressly stated, New Chapter does not operate any third-party website linked to the Site and is not responsible for the content of any third-party website, nor does it make any representation, warranty or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty or covenant regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation, warranty or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation, warranty or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

Survival

The provisions above that follow the headings “Liability Disclaimer, Limitation of Liability, and Indemnification” will survive the termination of your access to the Site.

Language

It is agreed the English version of these Terms and Conditions constitute the official version. In the event that there are any inconsistencies between the English and French versions of the Site, the English version of the Site will prevail.

Electronic communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Business name and business ownership

The legal business name of New Chapter is [New Chapter, Inc.] Please direct enquiries to New Chapter’s Canadian business address at 3601 Highway #7 East, Suite#400, Markham, Ontario, L3R0M3 or by telephone at 877-354-2076 or e-mail at info@newchapter.ca.

General

These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by New Chapteras set out above. The relationship between New Chapterand you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Site. You consent and submit to the exclusive jurisdiction of the courts located in the State of Vermont, in all disputes arising out of or relating to the use of the Siteand these Terms and Conditions. This Agreement and its performance will be governed by the laws of the United States of America and the State of Vermont. Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific website functions available on the Site. These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity or enforceability of any other remaining provisions of these Terms and Conditions. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

All sales of New Chapter products in the United States and Canada are governed by the following policies:

 

INTERNET RETAILER POLICY:

The New Chapter Internet -Retailer Policy governs the Internet resale of New Chapter products and states that only authorized Internet retailers are allowed to sell New Chapter products. This policy protects New Chapter’s reputation and brand integrity, and it protects its approved retail outlets and Internet accounts from being harmed by the conduct and practices of unapproved Internet accounts.

The policy applies to all Internet retailers.  All individuals or companies that are not currently authorized by New Chapter to resell New Chapter products through the Internet but are interested in doing so must submit information to New Chapter and obtain approval before being authorized to sell New Chapter products. 

New Chapter also maintains strict regulations relating to the use of its trademarks (including use in domain names) and must ensure that its trademarks are not used in any manner that could adversely affect New Chapter’s rights therein. The unauthorized use of New Chapter copyrights, trademarks, logos, manufacturing images, product images, copy or other New Chapter information on the Internet without the express consent of New Chapter is strictly prohibited.  Furthermore, this policy states that Internet retailers shall not improperly use any New Chapter trademark and will not reserve, register or use any domain names incorporating or confusingly similar to any New Chapter trademark, including without limitation, the NEW CHAPTER® mark. 

Failure to adhere to the Internet Retailer Policy will lead to product allocation deemed appropriate by New Chapter, or discontinuance of sales and shipments.

This policy is being established by New Chapter unilaterally and therefore is not subject to negotiation. New Chapter will implement and take action respecting its Internet Retailer Policy unilaterally based upon information deemed sufficient by New Chapter, and all such determinations are final. New Chapter reserves the right at any time to modify this policy, to establish new or different policies or to discontinue any or all of such policies. This Internet Retailer Policy shall remain in effect until modified or terminated by us in a writing sent to you. 

PRODUCT DIVERSION POLICY - UNITED STATES AND CANADA

New Chapter approved retailers (including, but not limited to, Internet retailers and in-store retailers) may sell New Chapter products only to retail customers located in the same country as the approved retailer. Retailers may not sell or otherwise provide any New Chapter product to another retailer. Accordingly, the Product Diversion Policy prohibits New Chapter approved retailers from selling, providing, transshipping and/or diverting New Chapter products to another retailer for sale without the pre approval in writing from New Chapter.

All methods or sales channels used to sell New Chapter products must be disclosed when completing this form; including, but not limited to the following; business names, domain names, Amazon marketplace reseller accounts, other 3rd party ecommerce reseller accounts, or any other method used to sell New Chapter products. Failure to disclose any of the above methods or any other sales channel will be considered diversion. If new methods or sales channels are set up and used to sell New Chapter products after completing this form they must be provided to New Chapter. Failure to comply will be considered diversion.

New Chapter approved retailers (including, but not limited to, internet retailers and in-store retailers) may sell New Chapter products only to retail consumers located in the same country as the approved retailer. New Chapter approved retailers will not sell and ship New Chapter products outside the country in which they are located, either United States or Canada.  Failure to adhere to this will be considered diversion.

Failure to adhere to the Product Diversion Policy will lead to product allocations deemed appropriate by New Chapter or the discontinuance of all sales and shipments to the New Chapter retailer.

This policy is being established by New Chapter unilaterally and therefore is not subject to negotiation. New Chapter will implement and take action respecting its Product Diversion Policy unilaterally based upon information deemed sufficient by New Chapter, and all such determinations are final. New Chapter reserves the right at any time to modify this policy, to establish new or different policies or to discontinue any or all of such policies. This Product Diversion Policy shall remain in effect until modified or terminated by us in a writing sent to you. 

LEGAL NOTICES AND POLICIES

All of New Chapter’s legal notices and policies can be found at http://www.newchapter.com/legal.

TRADEMARKS/DOMAIN NAMES:

New Chapter maintains strict regulations relating to the use of its trademarks (including use in domain names) and must ensure that its trademarks are not used in any manner that could adversely affect New Chapter’s rights therein.New Chapter retailers must not improperly use any New Chapter trademark and or reserve, register or use any domain names incorporating or confusingly similar to any New Chapter trademark, including without limitation, the NEW CHAPTER® mark.

Download our Diversion Policy form here

Last modified on March 28, 2013.