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U.S. TERMS OF USE

Swan Beauty LLC is a cosmetic and skincare retailer utilizing proprietary technology and expert advice and application tips to help customers find the products that will work best for them . Swan Beauty LLC (“Swan Beauty”, “we”, “us”, or “our”) offers a service that gives you access to beauty products (makeup, skincare, accessories) (“Products”) from both established and up-and-coming brands. The following terms and conditions (the “Terms of Use” or “Terms”) form a binding agreement between you and us, and govern your use of the website located at swanbeauty.com (the “Site”), our mobile application(s) entitled “Swan Beauty” (the “App”), the services offered through the Site and App, and any orders that you place (collectively, the “Services”).

Please read these terms of use carefully. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than a jury trial, under the section titled “Dispute Resolution.”

By creating an account, ordering a shipment (a “Beauty Box”), purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any Products.

These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here:www.swanbeauty.com/termsand updating the “Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current e-mail address, which you may do when you create an account, and you may update it by modifying the information when logged in to your Account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing Products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check www.swanbeauty.com/terms to view the then-current Terms.

TYPES OF USERS

You may simply browse the Site or App as a visitor or you may create an account (“Account”) to become a client (“Client”). You must be a Client to order Beauty Boxes and purchase Products.

ACCOUNTS

To become a Client, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. Alternatively, you can create an Account and become a Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). In order for the Services work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a Beauty Box, we reserve the right to take steps to cancel that request.

We created interfaces that allow you to connect with SNS’s such as Facebook or Google through the Services. By granting us access to your SNS account, you understand that, subject to privacy restrictions, we may access, make available, and store any information that you have made available to us by your SNS account (“SNS Content”) accessible through the Services so that it is available on your Account. Unless otherwise specified in the Terms of Use, all SNS Content will be deemed Your Content (as defined below) for all purposes of the Terms of Use. Please note that if an SNS account or associated service becomes unavailable or the Services’ access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and you may have difficulty accessing the Services. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. We make no effort to review any SNS Content for any purpose, including without limitation for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

SHIPMENTS, RETURNS, AND EXCHANGES

Beauty Box Shipments. When you sign up for a Beauty Box, we will send you some Products chosen by Swan Beauty, at our discretion. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference. You may also be able to select particular items to be included in your Beauty Box. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Beauty Fee and Payment section.

Direct Purchases. You may be able to select Products to be delivered separately from a Beauty Box or to reorder products you have purchased previously in a Beauty Box. Such purchases shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.

Data Check. When you send us a request for a Beauty Box, our payment processing provider or a third party service provider may attempt to verify your address and check for potential fraud.

Scheduling. If you are a Client, you may schedule a Beauty Box through the Services. You may also request that we automatically send you a Beauty Box on a specified cadence, without waiting for you to manually schedule each Beauty Box. If you order any Beauty Box, whether manually or automatically, you authorize us to charge you for the Beauty Fee in accordance with these Terms of Use. As explained in the Beauty Fee and Payment section, you are responsible for: (i) the Beauty Fee for any Beauty Box that is not cancelled with the required notice and (ii) the price of any Products that are not returned in accordance with our policies. These Terms of Use will govern any Beauty Box. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve or it is to an address that we determine may be associated with fraudulent purchases.

Sending Back Products During the trial period. If you want to send back any of the Products in your Beauty Box, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be postmarked no later than five (5) days after you receive the package (the “Trial”) and must be unused and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unused and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Beauty Box that you do not postmark back to us by the end of the Trial Period, and we will charge your Account for those Products any time after the end of the Trial Period. Any exceptions permitting a return postmarked later than the end of the Trial Period must be requested in a timely manner and may be granted at the sole discretion of Swan Beauty.

Legal Details. Your scheduling of a Beauty Box or Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Beauty Fee payment and shipping you the Beauty Box, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Beauty Box. If we decline to accept your request for a Beauty Box, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Clients. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Products. We further reserve the right to cease doing business with customers who violate this policy.

BEAUTY FEE AND PAYMENT

Prior to shipping you a Beauty Box, we will charge you a non-refundable Beauty Fee in the amount set forth on the Services. The Beauty Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Beauty Box. Within three (5) days of receiving your Beauty Box, we request that you send back any Products you don’t want. If you choose to keep Products from your Beauty Box, the Beauty Fee will be credited towards the purchase price of those Products. You may pay for any Products from your Beauty Box via credit card or other payment method then available on the Services. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If you receive Beauty Boxes automatically, you agree that we may charge the Beauty Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel automatic Beauty Boxes by (i) clicking the “Manage automatic Beauty Boxes” link on your Account homepage when you log in, choosing to stop receiving automatic Beauty Boxes, and following the prompts and options that follow or (ii) by emailing us at customerservice@swanbeauty.com from the email address currently associated with your account, stating that you want to stop receiving automatic Beauty Boxes. You may cancel an upcoming Beauty Box by accessing your Account and cancelling the Beauty Box at any time at least eleven (15) days’ before the Beauty Box is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRICING AND PRODUCTS FOR BEAUTY BOXES

Other than for Direct Purchases, Swan Beauty does not disclose the prices of its Products until you receive a Beauty Box. While Swan Beauty makes efforts to follow the preferences you express in your Beauty Quiz, we do not guarantee that every item in your Beauty Box will meet those preferences. You are responsible for paying for all Products in your Beauty Box, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Beauty Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Swan Beauty may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.

ACCESS TO THE SERVICES

App Stores. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements, waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

RIGHT TO SUSPEND

Swan Beauty Beauty Box reserves the right, in our discretion, to suspend your Account, your use of the Services or the sending of Beauty Boxes at any time at our discretion including, as necessary to protect the security or operation of the Services.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services (including Beauty Boxes) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

PRIVACY

We have created a privacy policy www.swanbeauty.com/privacy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Beauty Boxes. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

DISCLAIMER OF WARRANTIES

The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Swan Beauty“with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Swan Beauty makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk.

We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Swan Beauty Beauty Box for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Swan Beauty, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.