Legal

DSHEA

New Chapter is a business that markets and sells dietary supplements which are a type of food. Unless specifically otherwise noted, all of the information on this web site pertains only to our dietary supplements, not to any drug product. We at New Chapter do not market or sell our dietary supplements for the purpose of preventing, curing, treating, diagnosing or giving relief from (i.e. mitigating) any specific disease or a specific class of diseases; the law applicable to dietary supplements, the Dietary Supplement Health and Education Act of 1994, commonly referred to as DSHEA, does not permit us to do so and it is not our intention to do so.
 

New Chapter does not provide medical advice.

The information contained in this Site, or provided at your request as a result of the completion of a questionnaire by you, is provided for informational purposes only. New Chapter does not recommend any particular form of medical treatment or that persons manage their own health problems without the advice of a licensed health care practitioner. Information found or received through this Site should not be used in place of a visit with, call to, consultation or advice from a health care provider. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner.
 

New Chapter Solution Selector

You will have the opportunity through New Chapter’s Solution Selector feature to obtain recommendations from our Director of Science and Innovation regarding dietary supplements to help support your healthy lifestyle. Our Director of Science and Innovation does not provide medical advice and, as stated above, we urge you to contact your health care practitioner if you feel you require medical advice or treatment.
 

Unilateral Minimum Advertised Price Policy (Effective May 2, 2011)

In order to maintain and to further enhance the New Chapter, Inc. (“New Chapter”) brand image, we instituted in 2006 a unilateral policy announcing minimum advertised price standards for New Chapter products sold to U.S. customers.  This policy was revised in 2008.  We are now revising our policy and this amended Unilateral Minimum Advertised Price Policy (“UMAP Policy”) is effective as of May 2, 2011.  As before, it will apply to all New Chapter products.Under our amended UMAP Policy, if any retailer of New Chapter products advertises in media advertising, in catalogs or on paid Internet advertising*any New Chapter product on three separate occasions within one year at prices more than 40% below our suggested retail price (the “UMAP Price”), we will discontinue all sales and shipments to that retailer of the New Chapter product(s) in question.

It is inconsistent with this UMAP Policy for New Chapter products to be advertised together at a single price that is lower than the sum of the individual UMAP Prices for those products. 

This UMAP Policy does not cover point-of-sale signs, stickers, hangtags, or bar codes and similar markings on products or product packaging which merely state the retail prices at which New Chapter products may be purchased. This UMAP Policy does not cover products discontinued by New Chapter.

Retailers (including, but not limited to, Internet retailers and in-store retailers) may sell New Chapter products only to retail customers.  Retailers may not sell or otherwise provide any New Chapter product to another retailer.  Failure to adhere to this policy will also lead to discontinuance of all sales and shipments to that retailer of each such New Chapter product transshipped.

Finally, and most importantly, the UMAP Policy does not apply in any way to your actual selling prices; your retail sales prices for any and all New Chapter products remain wholly within your discretion.  We do not seek, nor will we accept, any agreement or assent from you respecting our UMAP Policy, either now or at any future time.  This policy is being established by us unilaterally and therefore is not subject to negotiation.  New Chapter will implement and take action respecting its UMAP Policy unilaterally based upon information deemed sufficient by New Chapter, and all such determinations are final. We reserve 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 UMAP Policy shall remain in effect until modified or terminated by us in a writing sent to you.  We believe that our policy is clear and unambiguous.  Should you have any inquiries regarding our policy, however, please direct them only to Kevin Brown at 802.257.0018 ext. 186.

* For purposes of this UMAP Policy, “paid Internet advertising” is the advertising paid for by a retailer to promote its prices for New Chapter products on the Internet on, but not limited to, shopping comparison websites, auction websites, banner/display advertising on third party websites, Internet marketplaces, other Internet landing pages/lead capture pages that are not within a retailers’ own website (including affiliate websites), or Internet search optimization results that a retailer pays a third party entity to ensure that its New Chapter products are highlighted/prominently displayed in search engine results or in the “paid advertisement” sections of a search engine results page. The UMAP Policy does not apply to Internet advertised prices or “percentage off” figures that are displayed only on “checkout,” “shopping cart,” or “too low to show” pages that are linked to the main pages upon which the New Chapter products are primarily displayed.

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.