top of page

Terms and Conditions

TERMS & CONDITIONS

Please read the following Terms and Conditions (these “Terms”) carefully before using or visiting the SWISS 1876 N.A. LLC (“Swiss”, “we”, “our”, or “us”) website (the “Website”), or participating in any online features, products, services and/or programs offered by us (individually and collectively, with the Website, the “Services”).

THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND PROVISIONS THAT GOVERN THE PROCEDURE, JURISDICTION AND VENUE OF ANY DISPUTES.  BY ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE SERVICES.  YOU ALSO AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SERVICES.

YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH SWISS, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES BY APPLICABLE LAW.

Convenience and Information

The Services are provided to you as a convenience and for your information only. By merely providing you access to and use of the Services, we do not warrant or represent that any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; the Content is up-to-date or current; we have any obligation to update any Content; the Content is free from technical inaccuracies or programming or typographical errors; the Content is free from changes made by a third party; your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.

 

Not Healthcare Advice 

The Services are not intended to provide medical advice, diagnosis or treatment.  The Content provided on and through the Services are provided for informational purposes only.  Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options.  Any claims made about specific products on or through the Services have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure or prevent disease.  You should not use the information provided through the Services for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.  You should consult with a physician or other healthcare professional before starting any supplementation program, before taking any medication or nutritional, herbal or homeopathic product, or if you have or suspect you might have a health problem.  Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.  You should also consult your physician or other healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements.

 

Acknowledgment of Federal Law Governing Hemp-Derived CBD

Pursuant to the Agricultural Improvement Act of 2018, industrial hemp is not listed on Schedule 1 of the Controlled Substances Act. Nonetheless, the FDA regulates hemp-derived CBD pursuant to the Federal Food, Drug, and Cosmetic Act (the “FD&C Act”) and section 351 of the Public Health Service Act. The FDA requires any product containing hemp-derived CBD that is marketed with a claim of therapeutic benefit to be approved by the FDA for its intended use before it may be introduced into interstate commerce. You expressly acknowledge that the Website makes no claim that any Product provides a therapeutic benefit. You also acknowledge that it is unlawful under the FD&C Act to introduce food containing added CBD into interstate commerce, or to market CBD products as, or in, dietary supplements.

 

Use and Restrictions

The ownership of the Services, Content, and all rights therein are and will remain with Swiss.  We grant you the right to access and use the Services as long as you follow the requirements in these Terms. You agree that you will use the Services in accordance with all applicable laws, rules, and regulations, as well as such other reasonable rules provided by us from time to time.

 

You may not: remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; decompile, reverse engineer, jeopardize the correct functioning of the Services; attempt to gain unauthorized access to or impair any aspect of the Services; use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; and/or impersonate any person or entity, or otherwise misrepresent or use any portion of the Services or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity. 

 

User Content Policy

The Services may now or in the future permit you to upload or post to the Services or otherwise submit to us various forms of Content, such as statements, reviews, ratings, opinions, text, graphics, questions, suggestions, messages, comments, feedback (including suggestions for improvements, enhancements, alterations, changes or revisions), ideas, notes, drawings, or any other content of any kind whatsoever (collectively, “User Content”).  We do not claim ownership in your User Content.  However, by submitting any User Content in any form to us, in addition to other provisions of these Terms, you automatically grant Swiss, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on any website or other Services owned or operated by, and in any related marketing materials produced by, Swiss and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else.  You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content.  You also grant to Swiss and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in that User Content.  You also warrant to us that either you own all Rights in your User Content or all third party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above.  You further acknowledge that Swiss and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise.

 

We reserve the right, in our sole discretion, to review and approve User Content before it is made available to other users on the Services. Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Services, and we expressly disclaim any and all liability in connection with User Content.  You acknowledge that Swiss, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Services that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Services, or is otherwise harmful, objectionable, or inaccurate.  We are not responsible for any failure or delay in removing such User Content.  You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor our use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

 

Age Requirements

The Services are not intended or designed to attract children under the age of thirteen (13). By using the Services, you affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

 

Updates

We may make changes to the Services, the Content or these Terms or stop providing any of the Services at any time and without further notice to you. We will make an effort to update the Services with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

 

Privacy

Personal information that you provide will be handled in accordance with our privacy policy (“Privacy Policy”). Click here to view our Privacy Policy. Please review our Privacy Policy for an explanation of how we may use, share and safeguard the information that we collect from you in connection with the Services, and your options regarding our use and sharing of such information.

 

Electronic Communications

By using the Services, you consent to receive electronic transactional communications from us unless you provide us with notice that you require paper communications by contacting us through one of the means set forth at the end of these Terms. We will communicate with you by e-mail or by posting notices on the Website, or through our other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. 

 

Objectionable Material

You acknowledge that, in using the Services and accessing the Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.

 

Purchases

We use independent third party service providers to process payments for purchases made using our Services. We do not process your payment, but instead transfer you to a secure network provided by our third-party payment processor through which all transactions are processed. Payment processing companies may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies. For more information regarding its terms and conditions that may apply, visit that processor’s website and click on its information links or contact that processor directly. You release us, our affiliates, and our payment processing company from any damages that you may incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

All prices are shown at checkout and are subject to change without notice, at the sole discretion of Swiss and our partners.  No guaranty is made that you will be offered the same pricing for the same products and materials in the future or for any new products and materials that become available. We reserve the right to correct any misprints or errors in pricing. We also reserve the right to limit the quantities of, or discontinue, any products that are available on the Services and to limit the sales of the products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

We make an effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. The products offered for sale are available while supplies last, and we reserve the right to cease offering any products, in our sole discretion.  Any offer for any product, or service made on the Services is void where prohibited.

 

Payment and Billing Information

By providing your credit or debit card information (or other payment method accepted by Swiss from time to time) (your “Payment Method”), you authorize  our third-party payment processor to charge your Payment Method, and represent that any payment information you provide is true and accurate. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees that you may incur when charging or retrying your Payment Method, including but not limited to, overdraft fees.

 

Refund Policy

All refunds will be handled in accordance with our Refund Policy (“Refund Policy”).  Click here to view our Refund Policy.  Please review the Refund Policy for an explanation on how we handle returns, refunds and exchanges of items. 

 

Security

While we provide reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

 

No Warranties for the Services

We make no warranty concerning the Services, Content and/or User Content, including, but not limited to, with respect to any delay, failure, interruption, or corruption of any data, or any other information transmitted in connection with the use of the Services. You expressly agree that your use of the Services is at your sole risk and you are not relying on any express or implied representation in choosing to use or access the Services. The Services, Content and User Content are provided “AS IS” and “AS AVAILABLE” for your use, without warranties of any kind, either express or implied, unless these warranties are legally incapable of exclusion. We make no representations or warranties that the Services, Content or User Content will remain uninterrupted or error-free, that defects will be corrected, or that the web pages accessible on or through the Services, or the servers used in connection with the Servers, are or will remain free from any viruses, worms, time bombs, drop dead devices, or other harmful components. We do not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that we will have adequate capacity for the Services as a whole or in any specific geographic area.

 

Indemnification

You agree to defend, indemnify, and hold harmless Swiss and our affiliates, subsidiaries or parent company, and any of our respective officers, directors, administrators, agents, participants, attorneys, employees, executors, heirs, predecessors, successors, assigns, service providers, and other representatives, and each person acting by, through, under or in concert with such parties, from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any claim that any comment or other information you provide through the Services (including your User Content) caused damage to or violated the rights of a third party; and (vii) your willful misconduct.  Swiss reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

 

Geographic Restrictions

Swiss is based in the State of Delaware in the United States. We provide the Services and the Content for use and access only by persons located in jurisdictions where such access is legal and compliant with local laws and regulations (the “Permitted Jurisdictions”).  Any access to or use of the Services outside the Permitted Jurisdictions is illegal and prohibited.  Thus, access to or use of the Services may not be legal by certain persons or in certain jurisdictions outside the Permitted Jurisdictions, and we make no claims that the Services or our Content is accessible or appropriate outside of the Permitted Jurisdictions.  If you access or use the Services from outside the Permitted Jurisdictions, you do so on your own initiative and are responsible for compliance with local laws.

 

Limitation of Liability

IN NO EVENT WILL SWISS OR OUR AFFILIATES, SUBSIDIARIES OR PARENT COMPANY, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, ADMINISTRATORS, AGENTS, PARTICIPANTS, ATTORNEYS, EMPLOYEES, EXECUTORS, HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, SERVICE PROVIDERS, OR OTHER REPRESENTATIVES, AND EACH PERSON ACTING BY, THROUGH, UNDER OR IN CONCERT WITH SUCH PARTIES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SAME.  IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT RESPONSIBLE FOR INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR USER CONTENT; OR INTERRUPTIONS, OR LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE.  REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO SWISS FOR OR RELATING TO THE SERVICES WITHIN THE PRIOR TWELVE (12) MONTHS, IF APPLICABLE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Intellectual Property

The Content and the Services are intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on and in connection with the Services. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission in each instance.

 

Copyright Complaints

We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”).  Under the DMCA, a copyright owner may file a takedown notice with us of an alleged copyright infringement. During this process, we will take down the alleged infringing content, and take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law.

 

When notifying us of potential infringement, you must include the following information: identification of the copyrighted work(s) claimed to have been infringed and the material that is to be removed; information reasonably sufficient to permit us to locate the allegedly infringing material; contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or e-mail address; a statement that the complaining party has a good faith belief that use of the material is in fact infringing; a statement, made under penalty of perjury, that the information set forth in the notification is accurate; and the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.

 

Notice of alleged infringement must be sent by e-mail to our DMCA Agent, at adelaide@swiss1876.com, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent at Swiss at 3411 Silverside Road, Tatnall Building, Suite 104, Wilmington, DE 19810  

 

Before filing a notice of copyright infringement, please make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, please seek the advice of legal counsel.

 

To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following: identification of the allegedly infringing material that was removed or disabled; a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and the signature, physical or electronic, of you or a person authorized to act on your behalf.

 

Termination of Service

We may suspend or terminate your right to access portions of the Service, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.

 

Additional Remedies

You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.

 

Governing Law; Jurisdiction and Venue; Limited on Time to File Claims

You agree that all matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Local Laws

We make no representation that any materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. 

 

Additional Agreements and Third Party Agreements

In addition to these Terms, in connection with your use of the Services, you may be subject to, and/or required to agree to, various guidelines, rules, schedules, disclosures, disclaimers and other terms that we may provide or make available to you from time to time that relate to the Services that we provide and that are owned or controlled by us (collectively, “Additional Agreements”). 

 

You may also be subject to other terms of third parties who provide services that are not owned or controlled by us, for example third party payment processors. These additional third party agreements are not included in the Additional Agreements, and we make no representations regarding such additional third party agreements. Such third party agreements and applications are provided “as is” and your use of such services is subject to their respective terms.

 

Contact Us

If you have additional questions or comments of any kind, please let us know by sending your comments or requests to us at:

Swiss 1876 N.A. LLC

3411 Silverside Atlas, Tatnall Building, Suite 104, Wilmington, DE 19810

Email : info@swiss1876.com

Phone Number: 518-219-8800

 

Last modified: May 31, 2021

bottom of page