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1.
ACCEPTANCE OF
TERMS
Butterfly & Nature Gift Store, Inc.
("Butterfly&NatureStore ") provides the butterflys.org
website and content on the butterflys.org
website (collectively, the "website") to you, subject
to the following terms of website (the "TOS"). By
accessing the website or any portion thereof, you signify your
agreement to all terms, conditions, and notices contained or
referenced in the TOS. If you do not agree to the TOS, do not
use the website. Butterfly&NatureStore reserves the right,
at its discretion, to update or revise the TOS from time to time
without notice to you. Please check the TOS periodically for
changes. You can review the most current version of the TOS at
any time at http://www.butterflys.org/policies.html.
Your continued use of this website following the posting of any
changes to the TOS constitutes acceptance of any such changes.
In addition, when using particular features of the website, you
shall be subject to any guidelines or rules applicable to such
websites that may be posted from time to time. All such
guidelines or rules are hereby incorporated by reference into
the TOS.
2.
BUTTERFLY&NATURESTORE
PRIVACY POLICY
Information you supply about yourself
through any purchase is subject to our privacy policy. In the
course of conducting a purchase through the website, buyers will
be required to transmit to Butterfly&NatureStore certain
personal information, including, without limitation, the buyer's
name and address. Butterfly&NatureStore shall protect the
confidentiality of such buyer personal information at all times,
shall not disclose any such buyer personal information to any
third party, and shall not use such buyer personal information
for any purpose other than shipping purchased items to buyers,
and internal record keeping.
Butterfly&NatureStore reserves the right, at its
discretion, to update or revise the privacy policy from time to
time without notice to you. Please check the privacy policy
periodically for changes. You can review the most current
version of the privacy policy at any time at http://www.butterflys.org/policies.html.
3.
AUTHORIZED
USER
3.1 in consideration of your use of the
website, you represent that: (i) you are of legal age to form a
binding contract; or (ii) your use of, the website is expressly
authorized by a parent or guardian of legal age to form a
binding contract and who agrees to be bound by the TOS and by
any purchase in which you participate.
3.2 children:
Butterfly&NatureStore is concerned
about the safety and privacy of all its users, particularly
children. The website is not directed to children under the age
of 13. The website requires all users to be at least 13 years of
age. When you, as a parent or guardian, permit a child to access
the website, you represent and agree that: (a) you are fully
bound by the TOS; (b) you shall ensure that your child complies
in all respect with the TOS and you shall be responsible for any
breach by your child of any term or condition of the TOS; (c)
with respect to any purchase conducted by your child through the
website, you consent to and are personally bound by the terms of
such transaction as the actual party in interest, and your child
is acting on your behalf and at your direction solely as an
authorized agent. Please remember that the website is designed
to appeal to a broad audience. Accordingly, as the parent or
legal guardian, it is your responsibility to determine whether
any portion of the website is appropriate for your child, and if
you, as a parent or guardian, object for any reason to your
child's use of the website.
4.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA,
SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS OR SERVICES PROVIDED
THROUGH OR IN CONNECTION WITH THE WEBSITE. SPECIFICALLY,
BUTTERFLY&NATURESTORE AND ITS SERVICE PROVIDERS DISCLAIM ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIM
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(B) NEITHER BUTTERFLY&NATURESTORE NOR ITS SERVICE PROVIDERS
MAKES ANY WARRANTY: (I) THAT THE WEBSITE WILL MEET YOUR
REQUIREMENTS; (II) THAT THE WEBSITE USE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (III) THAT COMMUNICATIONS AND
USER SETTINGS WILL BE DELIVERED OR STORED; (IV) THAT THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE; (V) THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (VI)
THAT ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; OR (VII) WITH
RESPECT TO ANY OTHER MATTER.
(C) ANY SERVICE CONTENT, USER CONTENT OR OTHER MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) THE WEBSITE MAY PROVIDE, OR THIRD
PARTIES MAY PROVIDE, LINKS TO OTHER INTERNET SITES OR RESOURCES.
BECAUSE BUTTERFLY&NATURESTORE HAS NO CONTROL OVER SUCH SITES
AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT BUTTERFLY&NATURESTORE
IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES
OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR
LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER
MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU
FURTHER ACKNOWLEDGE AND AGREE THAT BUTTERFLY&NATURESTORE
SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR
ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN
CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
WEBSITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BUTTERFLY&NATURESTORE OR ITS SERVICE PROVIDERS
OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
(F) NEITHER BUTTERFLY&NATURESTORE NOR ITS SERVICE PROVIDERS
MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE WEBSITE.
5.
RETURNS AND EXCHANGES
It is our goal that you are completely
satisfied with your purchase. If for any reason you are not
satisfied, please return your purchase in its original
packaging, with your original packing slip and your return
authorization number, for a full refund.
You may obtain the return authorization number by calling
or emailing Butterfly&NatureStore, before returning
merchandise. Packages returned without this number cannot be
accepted. All
claims for missing items, damaged goods, or defective
merchandise must be made within 10 working days of receiving
them. Merchandise returned will be credited to your account if
in saleable condition.
6.
TAXES
Tax amounts are charged on orders based
upon the shipping destination’s local sales tax laws.
7.
TRADEMARKS
Without the prior permission of
Butterfly&NatureStore or the relevant website provider, as
applicable, you are not permitted to use or display any name,
trademark or website mark of Butterfly&NatureStore or any
website provider in any manner. Without limitation, nature-gifts.com,
naturegifts.com, our-natural-world.com, nature gift store, the
butterfly site, thebutterflysite.com, butterfly-gifts.com,
butterflypictures.net, butterfly-houses.net, butterflyhouses.com,
monarch-butterfly.com, dragonfly-site.com, butterfly—garden.com,
butterflys.org, i-butterflies.com, free-nature-animal-butterfly-wallpaper.com
and Butterfly & Nature Gift Store are trademarks of
Butterfly&NatureStore. All rights thereto are reserved and
may not be used without express permission of the owner. Other
trademarks appearing in the website are the property of the
respective owners and there is no claim made thereto.
8.
ADVERTISERS AND WEBSITE PROVIDERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers and/or
third-party website providers found on or through the website,
including payment and delivery of related goods or websites, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser or website provider. You agree that Butterfly&NatureStore
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 or website providers
on the website. If you do not wish to deal with such advertisers
or website providers, do not purchase any items or websites
offered by or through them. Butterfly&NatureStore is not
responsible for any loss, damage, injury, or harm that may
result from your interactions with advertisers or website
providers.
9.
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
NEITHER BUTTERFLY&NATURESTORE NOR ITS WEBSITE PROVIDERS
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE PURCHASED GOODS; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED OR
OBTAINED; (III) UNAUTHORIZED ACCESS TO, OR USE OR ALTERATION OF,
YOUR TRANSMISSIONS, INFORMATION OR DATA, WHETHER STORED ON
BUTTERFLY&NATURESTORE SERVERS OR THE SERVERS OF ANY
THIRD-PARTY WEBSITE PROVIDER; (IV) ACTS OF GOD; (V)
ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL
INFORMATION PROVIDED UNDER THIS AGREEMENT; (VI) PROCESSING OF
YOUR PURCHASE; (VII) DAMAGE TO COMPUTER HARDWARE OR SOFTWARE
RESULTING FROM USE OF THE WEBSITE OR ANY WEBSITE CONTENT OR USER
CONTENT THEREIN; OR (VIII) ANY OTHER MATTER RELATING TO THE
WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF BUTTERFLY&NATURESTORE OR ITS WEBSITE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, IN NO EVENT WILL THE LIABILITY OF
BUTTERFLY&NATURESTORE OR ITS WEBSITE PROVIDERS TO YOU
ARISING UNDER OR RELATING TO THE SALE OF GOODS FROM ITS WEBSITE
EXCEED THE TOTAL AMOUNT OF PAYMENTS, IF ANY, ACTUALLY RECEIVED
BY BUTTERFLY&NATURESTORE OR ITS WEBSITE PROVIDERS FROM YOU
FOR THE GOODS PURCHASED THROUGH THE WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
THE RESPECTIVE LIABILITY OF BUTTERFLY&NATURESTORE AND ITS
WEBSITE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
SUCH LAW.
10.
DISPUTES
10.1 governing law and venue:
The construction, interpretation and
performance of the TOS and all transactions related thereto
shall be governed by and construed in all respects in accordance
with the laws of the state of Washington, without giving effect
to the principles of conflicts of law thereof. You irrevocably
consent to venue in Kitsap county, Washington, and you agree
that any mediation, arbitration, action or lawsuit arising under
this agreement or relating to the subject matter thereof shall
be maintained in Kitsap county, Washington. You agree that,
regardless of any statute or law to the contrary, any dispute or
claim arising out of or related to use of this website provided
by Butterfly&NatureStore or otherwise arising out of or
related to the provisions and conditions of the TOS, must be
asserted within one (1) year after such claim or cause of action
first arose or shall be forever barred.
10.2 dispute resolution:
Except where expressly indicated to the
contrary in the TOS, any dispute, claim or controversy arising
out of or relating to the TOS, or breach of the TOS, shall be
resolved in accordance with the commercial arbitration rules of
the American arbitration association. The arbitration shall be
conducted in Kitsap County, Washington. Prior to any demand for
arbitration the parties will attempt in good faith to resolve
through negotiation any such dispute, claim, controversy arising
of or relating to the TOS or breach of the TOS.
Either party may initiate negotiations by providing
written notice, in letter form, to the other party setting forth
the subject of the dispute, and the relief requested. Within
fifteen (15) days after receipt of said notice (or such longer
period as may be agreed to by the parties), the receiving party
shall submit to the other party a written response. The notice
and response shall include (i) a general statement of the
party's position, and (ii) recommended solution to the dispute.
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