Last Revised: December 1, 2021
This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are 16 years of age or older. If you are not at least 16 years of age, you must immediately stop accessing or using this Website.
We reserve the right to withdraw or amend this Website (including by removing content) in our sole discretion without notice. Additionally, from time to time, we may restrict access to some parts of the Website, or the entire Website, to users. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You agree you are solely responsible for any actions you undertake while visiting this Website, and you warrant that all information you provide through this Website is accurate and truthful.
Additionally, the Company name, trademarks, trade names, logos, and all related product names, design marks and slogans which appear on the Website are the trademarks (registered or unregistered) of the Company or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is the Company’s Law Department, which can be reached at firstname.lastname@example.org. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
All information we collect on this Website is subject to our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
The Website may contain links to other sites and resources not owned or controlled by us. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Company’s rights and permissions with respect to content that you create and post on this Website or elsewhere that relates to Company, Website, Company’s affiliates, Company’s products, and/or Company’s affiliates’ products are outlined in the User-Generated Content Terms.
We may provide you with access to third-party tools on the Website that we do not monitor, and over which we do not have control and/or input. We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We expressly disclaim all liability whatsoever arising from or relating to your use of optional third-party tools. Your use of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Company is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This E-Commerce Terms and Conditions section applies to the purchase and sale of products through the Website. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE 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 COMPANY; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENT OR PRODUCTS BY APPLICABLE LAW.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
TO THE EXTENT NOT PROHIBITED BY LAW, THE WARRANTY WITHIN SECTION 6 OF THE E-COMMERCE TERMS AND CONDITIONS SECTION IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR SUCH EXPRESS WARRANTY AND TO THE EXTENT NOT PROHIBITED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR RESPONSIBILITY FOR ANY ISSUE WITH RESPECT TO PRODUCT, AND YOUR SOLE AND EXCLUSIVE REMEDY, IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN SECTION 5 OF THE E-COMMERCE TERMS AND CONDITIONS SECTION.
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF: (A) THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCT THAT YOU HAVE PURCHASED THROUGH THE WEBSITE; OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Website is operated by Schwan's Shared Services, LLC, 8500 Normandale Lake Boulevard, Suite 2000, Bloomington, MN 55437.
All notices of copyright infringement claims should be sent to the copyright agent designated in the section above entitled "Reporting Claims of Copyright Infringement."
All questions, feedback, and comments with respect to the purchase of products through the Website should be directed to email@example.com. All other feedback, comments, requests for technical support, and communications relating to the Website should be directed to firstname.lastname@example.org.