Purchase Policy

Last updated September 9, 2010

This Purchase Policy is part of our Terms of Use Agreement, please read it all very carefully as it affects your rights, regarding your use of this site as well as related to White Swan Gel. if you do not understand, accept and agree to the terms set forth below, please refrain from any use of this site or any purchases or business in any way related to it.

Any capitalized terms used but not defined in this Purchase Policy will have the same meaning as in our Terms of Use Agreement. Unless otherwise expressly provided on the Site, if you would like to purchase any merchandise or products offered on the Site (collectively, "Products"), your purchase will be governed by the terms of this Purchase Policy.

By your use of this site you agree that English is your primary language, or that your understanding of English is sufficient - in your judgment - to allow you to read and understand the following terms and Purchase Policy and to be bound by it and/or that you have taken all needed time, consideration and counsel from which to reach acceptance and agreement to these terms and policies. Your decision and choice to use this site, or make a purchase, or to accept or use a sample obtained or delivered by any means or method, is evidential and dispositive and shall serve as proof that you agree that these terms and policies, in whole or part, are not unconscionable and that you were/are an informed site user/purchaser.

I. Payment methods and Billing

If you wish to purchase Products at the Site, you must provide valid credit or debit card information on the Site's order form. We currently accept the following credit or debit cards: VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER, DINER'S CLUB. By submitting such credit or debit card information, you give White Swan Gel permission to charge your purchases to the card that you designate on the order form. We reserve the right to cancel any order, any time and for any reason. If your credit or debit card has already been charged and your order is canceled, you shall receive a credit to your card account in the amount of the charge. We will not be responsible (i) for any charges that your card issuer may apply to you as a result of our processing your order, (ii) if your card issuer refuses or fails to authorize payment by you, or (iii) for any delays or non-delivery of Products that may arise due to any validation checks that may be carried out regarding your payment or identification. You may also pay by check by sending payment to the address listed below; upon the check clearing your order will be sent.

II. Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit or debit card has been charged, we will issue a credit to your card in the amount of the charge.

III. Order Return/Refund - Money Back Guarantee

You may return any item purchased from White Swan Gel for any reason within thirty (30) days of purchase. For all orders, the Product ship date is the date of purchase. You will receive a full refund minus shipping and handling charges (currently 5.00 GBP or $7.50 USD) which are non-refundable. For returns via mail, you must carefully package the Product andsend to the UK or USA return address; you are responsible for the cost of return shipping, and we must physically receive the return within the 30 day period. White Swan Gel reserves the right, at its sole discretion, to reject any returns that do not comply with these requirements.

IV. Shipping and Handling; International Orders

The prices displayed on this Site are quoted in U.S. dollars (USD) or Pound Sterling (GBP) and are valid and effective only within the United States and the United Kingdom and such prices do include shipping and handling or sales taxes, if applicable. You are responsible for the payment of any state and local sales or use taxes that may apply to your order. If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar fees imposed on such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. International shipment rates vary based on total package weight and final destination. Pricing on the Site does not include duties, insurance costs, tariffs, or value-added taxes. With respect to shipments of Products to consumers, wherever they may reside, title to Products and risk of loss shall pass to the buyer upon delivery of the Products to the common carrier. You are solely responsible for providing us with accurate shipping information, and in the event that any Product is returned to us as a result of your failure to do so, you shall be responsible for any additional shipping fees or other charges that may be applied.

V. Pricing or Typographical Errors

We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, White Swan Gel shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. Typographical errors found elsewhere in these Terms and Conditions shall not have the effect of reducing or affecting the overall tenants of the agreement or any of its terms.

VI. Quantity Limits and Items for Resale

White Swan Gel reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. White Swan Gel also reserves the right to prohibit sales to dealers.

VII. Additional Terms

Additional terms relating to certain Products (such as prices, methods of payment, our policies with respect to returns, refunds, and cancellations and/or exchanges) will be posted on the Site on the pages describing the Products.

VIII. Contact Us Via Mail:

White Swan Gel, P.O. Box 247, Yarmouth Port, MA, 02675, United States.

Via Fax:
1-508-362-2314

Via Telephone:
1-508-362-2314

Privacy Policy

Last Updated March 18, 2010

I. General Information

This website, and the various content, features and services offered on this website (collectively, the "Site"), is owned and/or operated by White Swan Gel. White Swan Gel is committed to respecting your online privacy and recognizes your need for appropriate protection and management of information you share with us. White Swan Gel has established this privacy and security policy ("Privacy Policy") to let you know what information we may collect from you on the Site and how we may use and share that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Except as expressly provided herein, this Privacy Policy applies only to information that we collect on the Site and does not apply to information which we may collect by other means.

II. Personal Information; Changes to Personal Information

Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, e-mail address, credit card information. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However, in order to make a purchase on the Site, we require you to register for an account and provide Personal Information. Moreover, other features or services may require you to provide Personal Information. For example, we may collect certain Personal Information if you choose to subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, or send questions or comments to us via e-mail. Of course, should you purchase any products on the Site, we will collect Personal Information from you, which we will use to fulfill your order and for other purposes consistent with this Privacy Policy.

We may also collect certain demographic information (such as gender or age) and information about your interests and preferences ("Preferences Information"). In many cases, your providing such demographic and Preferences Information together with your Personal Information is optional. In other cases, such as online surveys, we collect this information on an anonymous basis. However, if we link any demographic or preferences information to any Personal Information, then such demographic and preferences information will be treated as Personal Information under this Privacy Policy.

For some features of the Site, you may be able to submit information about other people. For example, if you wish to e-mail an article from the Site or send information about an interesting product to a friend, you will submit your friend's e-mail address, or if you make a purchase for another person on the Site and want it shipped directly to that person, you may submit the recipient's name, address and certain other contact information. White Swan Gel will use and store any such information that we collect from you about another person to carry out your request and for our own internal marketing purposes.

III. Aggregate Information

From time to time, White Swan Gel may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they "click" on. We collect this information through the use of "cookies" and other tracking technologies, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may group this information into aggregate visitor data in order to describe the use of the Site to our existing or potential business partners, sponsors, advertisers or other third parties, or in response to a government request. White Swan Gel may also group demographic and preferences information and responses to surveys that we collect from visitors into aggregate data for the same purposes. However, please be assured that this aggregate data will not be disclosed together with your Personal Information under these circumstances.

IV. Cookies and Other Tracking Technologies

Some of our web pages utilize "cookies" and other tracking technologies. A cookie is a small text file that a website transfers to an individual's hard drive. For example, we may use cookies to collect information about website activity, to maintain your shopping experience in our online store, and to make product recommendations to you. We do not save credit card information in cookies. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies. Moreover, your ability to complete a purchase may be compromised without enabling cookies in your Internet browser.

You may occasionally get cookies from our advertisers or other third parties with links on the Site (as in Section XII). We do not control these cookies. Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed, and purchases. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that "serve up" webpages, automatically identify your computer by its IP address. We may link the information we record using tracking technologies to Personal Information we collect at the Site for our own internal marketing and advertising efforts. However, we do not share this Personal Information with third parties. In addition, we may use IP addresses and other tracking technologies to identify a visitor when we feel it is necessary to enforce the Site's policies, to protect the Site, our customers or others, or when we believe in good faith that the law or judicial requires it.

The Site may also use a technology called "tracer tags". These may also be referred to as "Clear GIFs" or "Web Beacons". This technology allows us to understand which pages you visit on the Site. These tracer tags are used to help us optimize and tailor the Site for you and other Site visitors.

V. How We Use and Share Personal Information

How We May Use Your Information
With respect to the Personal Information we collect, we may retain and use that information for several purposes. For example, we may use your Personal Information in order to process and fulfill any purchases you make on the Site (including any customary follow-up or confirmation communications regarding such purchases), process your catalog requests, and enter you into sweepstakes you request, establish an account for you, respond to your questions or send e-mails to our mailing list subscribers. We may also use Personal Information to ensure compliance with our policies and applicable law. We use your e-mail address as a customer identifier on the Site. In addition, we may send you periodic communications by e-mail or regular mail, such as news updates, special promotional offers or information on our products or services which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the instructions in Section VI.

With Whom We May Share Your Information
White Swan Gel has not and will not share your Personal Information with third parties for their direct marketing purposes. However, we may disclose your Personal Information to third parties for other purposes, as set forth in this Privacy Policy.

We may sometimes use other businesses to perform certain services for us, such as maintaining the Site and our mailing lists, processing orders and delivering products, sending postal mail and providing marketing assistance and data analysis. We may provide Personal Information to those businesses when that information is necessary for them to complete a requested transaction or otherwise perform their duties.

As White Swan Gel develops, we may buy other businesses or their assets or sell our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that White Swan Gel or all of its assets are acquired, customer information would be one of the transferred assets.

White Swan Gel fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities, and may in its sole discretion disclose Personal Information or other information to satisfy any law, regulation, subpoena, or government request, or in connection with litigation. White Swan Gel reserves the right to release Personal Information or other information about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms of Use Agreement, even without a subpoena, warrant or court order, if we believe in our sole discretion that such disclosure is necessary or appropriate to operate the Site, or to protect the rights or property of White Swan Gel, its affiliates, or any of their officers, directors, or employees, agents, third party content providers, suppliers, sponsors, or licensors. White Swan Gel also reserves the right to report to law enforcement agencies any activities we reasonably believe in our sole discretion to be unlawful.

VI. Security

White Swan Gel intends to take reasonable and appropriate steps to protect the Personal Information that you share with us from unauthorized access or disclosure. When you transmit Personal Information to our servers, your information is protected by both a "firewall" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.

If you create an account on the Site, you may be asked to choose a password for your account, in which case your online account information shall be protected by your password. We recommend that you do not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

Credit card information collected by White Swan Gel is encrypted through SSL before it is transmitted over the Internet.

VII. Children's Privacy

This Site is not intended for use by children under the age of 18 and White Swan Gel does not knowingly collect or use any Personal Information from such children. If you are under the age of 18, do not submit any information to this Site.

VIII. Changes to Privacy Policy

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that this Privacy Policy has been updated, and by changing the "Last Updated" date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes. If you have questions about this Privacy Policy, or believe that White Swan Gel has acted inconsistently with this Privacy Policy, please contact us.

IX. Third Party Websites

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, White Swan Gel would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties' privacy policies.

While we support the protection of our customer's privacy on the Internet, White Swan Gel expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

X. Miscellaneous

This Privacy Policy and the privacy practices of White Swan Gel will be subject exclusively to the laws of the State of Massachusetts within the United States. White Swan Gel makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer, processing and use of your information outside your country.

XI. Contact Us

If this Privacy Policy does not answer your questions about our data practices, please contact us.

Terms Of Use Agreement

Last Updated March 18, 2010

I. Introduction

Welcome to White Swan Gel website ("Site"). This Terms of Use Agreement ("Agreement") sets forth the agreement between The White Swan Gel Parties (all parties, entities, other persons or organizations in any way related to White Swan Gel in any capacity of every kind, type or sort without limitation, and any party related thereto) ("we") and each user, along with their heirs, assigns, trustees, successors, estates, representatives, agents or associations, or any other relationship, which is in any way related to them, as this correlates to their use of this Site or any product made via this Site or with White Swan Gel("you" or "user") governing the use by you (or any definition which refers to or indicates the user, buyer or visitor of/to this Site). Please read this Agreement carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Agreement. If you do not agree to the terms and conditions contained in this Agreement, you may not access or otherwise use this Site, make any purchases or accept or use any complimentary samples.

These Terms may change from time to time. We will not notify you of any material changes to these Terms by posting a notice on the homepage of the Site for a reasonable period of time after such changes are made that these Terms have been updated, but will change the "Last Updated" date at the top of this web page. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

By your use of this site you agree that English if yourprimary language, or that your understanding of English is sufficient - in your judgment - to allow you to read and understand the following terms and Purchase Policy and to be bound by it and/or that you have taken all needed time, consideration and counsel from which to reach acceptance and agreement to these Terms and Policies. Your decision and choice to use this site, or make a purchase, is evidential and shall serve as proof that you agree that these Terms and Policies, in whole or part, are not unconscionable and that you were/are an informed site user/purchaser.

In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

II. Not Healthcare Advice

Neither thisSite nor any of The White Swan Gel Parties are providing (or intending to provide)any medical advice, diagnosis or treatment. Products are not FDA approved, reviewed,or verified. Products are not supplements, drugs or medicines. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site, directly or via linking to third-party sites, if any,by a healthcare or nutrition professional,or any other party,are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.

The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, if any, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional. Your health and safety are your exclusive responsibility.

You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription or use of any medication or any other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal, nutraceutical, or homeopathic product, before starting any diet or exercise program or before adopting any treatment for 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 Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements, or any product or item which may affect your health and wellbeing or pose any risk.

You agree that White Swan Gel has made no medical claims or provided any directions or instructions to you regarding the product or its use but rather outlined how White Swan Gel parties use it themselves and why they use it. You understand that White Swan Gel is not asserted for any medical use or suggested for use on the human body in any way aside from how an individual might elect to do so. You understand that we use this topically only and that it should never be ingested or placed into the eyes or internally. You understand that the product can act as a solvent able to carry impurities or substances into the body if contaminated by you or any party, and that as such, freshly cleaned hands and skin, as well as keeping the bottle clean and closed, are a basic requirement for any choice of use, also, that as a solvent, hair dye or clothing/fabric colors, may run into the solvent and then into any skin to which it is exposed and that this would not be removable except as that area of skin grew out and replaced itself. You agree that you are solely responsible for any product contamination, or the results of any product contamination, without any recourse to the White Swan Gel parties. You agree that you understand that your choice to use this product may result in a mild tingling sensation as the ingredients work as intended, also, that you may be allergic to, or sensitive to any ingredient in this product (as withany product)and this may result in a negative reaction.

III. Purchases

If you make a purchase on the Site (and/or accept any samples of any product offered for sale), your purchase will be subject to the terms of our Purchase Policy, which is hereby incorporated into and made part of this Agreement. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, or by taking receipt of the product in any way, manner or form, you agree to be bound by the terms of our Purchase Policy.

IV. Privacy

Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site , account registration, and any other personal information provided by you in accordance with our Privacy Policy.

V. Copyright; Trademarks

You acknowledge that all materials on the Site, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of White Swan Gel or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of White Swan Gel or the respective copyright owner. White Swan Gel authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site are the sole property of White Swan Gel and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of White Swan Gel and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of White Swan Gel and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of White Swan Gel. White Swan Gel will enforce its intellectual property rights to the fullest extent of the law.

VI. Links; Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. White Swan Gel does not control or endorse any such third party websites. You agree that White Swan Gel Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that White Swan Gel Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.

VII. Disclaimer; Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SITE AND/OR ANY OF ITS PRODUCTS, INCLUDING ANY SAMPLES GIVEN OR USED, IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT.

WHITE SWAN GEL, ITS PARENT, SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, INCLUDING ANY SUBCONTRACTORS, MANUFACTURERS, SHIPPERS OR HANDLERS, ANY OTHER PERSON, GROUP, ORGANIZATION, MANUFACTURER, OR ANY OTHER PARTY AFFILIATED IN ANY WAY MANNER OR FORM WITH ANY OF THE ABOVE EACH BEING PART OF THE WHITE SWAN GEL PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WHITE SWAN GEL PARTIES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE - OR ITS PRODUCTS - WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

ANY PRODUCTS PURCHASED, INCLUDING ANY COMPLIMENTARY SAMPLES GIVEN OR MADE AVAILABLE, OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THEWEBSITE, OR BY ANY OTHER RELATED MEANS,IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON, BODILY INJURY, OR ANY OTHER FORM OF INJURY, OF ANY KIND, TYPE OR SORT, INCLUDING DISFIGUREMENT AND DEATH, YOU ARESOLELY RESPONSIBLE TOWARDS ANY PERSON YOU SHARE OR SELL ANY RELATED PRODUCT TO AND ADDITIONALLY,ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHITE SWAN GEL PARTIES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OR LIABILITY NOT EXPRESSLY STATED IN THIS AGREEMENT, AND NONE IS STATED.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY, AND THAT NONE EXIST AT THIS TIME, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WHITE SWAN GEL PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WHITE SWAN GEL PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COOPERATION WITH ANY PRINTED OR VERBAL INFORMATION OR FOR ANY OTHER CAUSE OF ANY KIND, TYPE OR SORT. THIS IS A COMPLETE DISCLAIMER FROM LIABILITY FOR ANY AND ALL CLAIMS OR DAMAGES OF ANY TYPE OR SORT TO PERSON OR PROPERTY WITHOUT LIMITATION.

THE WHITE SWAN GEL'S PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO OUR PRODUCTS OR THE USE OF, OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, LOSS OF INCOME, LOSS OF CONSORTIUM OR ANY RELATED CLAIM OR COST, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF ANY DEGREE OF BODILY INJURY OR LOSS.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE WHITE SWAN GEL PARTIES AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF WHITE SWAN GEL, OR ANY OF ITS RELATED PARTIES OR REPRESENTATIVES, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM WHITE SWAN GEL ON THIS SITE.

IN THE EVENT ANY OF THE ABOVE IS INAPPLICABLE IN ANY JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

VIII. Indemnification

You agree to indemnify, defend and hold harmless The White Swan Gel Parties and any and all related parties of any type or sort as previously defined against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, and any legal fees and costs related to any action or costs you may bring against or cause to be brought against or with regard to White Swan Gel and any costs related to any counter-suits against you for violation of any partof this agreement, resulting or arising from or relating to your purchase or use of any product, the receipt or use of any samples (free product for use or examination), or any communication or dealings you have with any third-parties relating in any way to The White Swan Gel Parties, or use of, or conduct on, the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

IX. Site Usage; Termination of Usage

You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.

You further agree that you will not access this Site by any means except through the interface provided by White Swan Gel for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of White Swan Gel is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of White Swan Gel is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.

White Swan Gel makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not White Swan Gel's Parties, are responsible for compliance with applicable local laws.

This Agreement is effective unless and until terminated by White Swan Gel. You may not terminate this Agreement at any time, provided that you discontinue any further use of this Site. White Swan Gel also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in White Swan Gel's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or White Swan Gel's Parties. Upon any termination of the Agreement by us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. White Swan Gel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that White Swan Gel Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.

You agree that White Swan Gel may terminate or suspend your access to all or part of this Site, without notice, for any conduct that White Swan Gel, in its sole discretion, believes is in violation of this Agreement or any applicable law or is harmful to the interests of another user or White Swan Gel's Parties.

Sections IV, VII through XII and XIV shall survive any termination of this Agreement.

X. User Content and Conduct

Where applicable at the Site, you are invited to post your own content ("User Content"). Please note that this Site is intended for adult use; if you are under the age of 18, do not submit any User Content to this Site.

You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, White Swan Gel cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will White Swan Gel be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. WHITE SWAN GEL IS NOT RESPONSIBLE FOR A USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.

By posting any User Content at the Site, you hereby grant White Swan Gel a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 10; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site.

You acknowledge and agree that White Swan Gel may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of White Swan Gel, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to each of the conditions in this Agreement and further agree that each of these conditions applies forever and broadly with regard to White Swan Gel worldwide. Posting of User Content to or through the Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. White Swan Gel shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the Site. WHITE SWAN GEL SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.

You agree that you will not use the Site to:

(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to a representative of White Swan Gel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(k) "stalk" or otherwise harass another; or
(l) collect or store personal data about other Site users.
(m) gain access to unauthorized areas of the Site or our network or servers.

We will terminate the account and/or block Site users who repeatedly violate the intellectual property rights of any other person on this Site.

You understand that by using the Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. White Swan Gel does not endorse or have control over the User Content. User Content is not reviewed by White Swan Gel prior to posting and does not reflect the opinions or policies of White Swan Gel. White Swan Gel makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. White Swan Gel assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time White Swan Gel chooses, in its sole discretion, to monitor the Site, White Swan Gel nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, White Swan Gel and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in White Swan Gel's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other Site users. White Swan Gel reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site access, in its sole discretion.

XI. Applicable Law; Jurisdiction; Dispute Resolution

All parties agree that any claim or dispute will be settled in binding arbitration taking place in Barnstable Country Massachusetts under the normal and customary arbitration rules and procedure therein.

This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Massachusetts and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing near, or most near, to Barnstable County, Massachusetts.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WHITE SWAN GEL HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, NEITHER YOU NOR WHITE SWAN GEL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

XII. Severability; Interpretation

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."

XIII. Entire Agreement

This Agreement constitutes the entire and only Agreement between White Swan Gel and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.

XIV. Miscellaneous

The failure of White Swan Gel's Parties to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement or any purchase or use of products must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Disclaimer; Limitation of Liability" provisions of this Agreement are for the benefit of White Swan Gel's Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

XV. Policy

We respect the intellectual property rights of others and require that Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to White Swan Gel's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:

(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

XVI. Contact Information

If you have any comments or questions regarding this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible.