Privacy Policy and Terms and Conditions

We respect the privacy of our users. This Privacy Policy (“Policy”) describes our privacy practices concerning information collected in connection with Butterfly Box (also “we” or “us”).

This Policy is intended to explain the conditions under which Butterfly Box collects, uses, and discloses personal and other information, and your rights in relation to that information. By visiting our site you are agreeing to the terms of this Policy.

The personal and other information that we collect about you is controlled by Butterfly Box, LLC, in the United States

PERSONAL AND OTHER INFORMATION WE COLLECT ABOUT YOU

Butterfly Box collects both “personal information” and “non-personal information” about Platform users. For purposes of this Policy, “non-personal information” is information that Butterfly Box cannot directly associate with a specific person without the aid of additional information. By contrast, “personal information,” is information such as a name or email address that Butterfly Box can directly associate with a specific person or entity without additional information. When we combine non-personal information with personal information, we treat all of the combined information as personal information.

Personal Information. 

You can visit the Site without submitting any personal information. However, in order to subscribe to our services or to place an order, you will be required to provide personal information. For example:

Registration. In order to subscribe for the 4 boxes a year service, you must first register. During registration, you are required to provide certain personal information (such as name, email address, shipping address, and credit card number and expiration date) in accordance with our terms of use.

Facebook. Certain applications may require you to log in through your Facebook account. If you link your Facebook account to a Butterfly Box service, this authorizes us to obtain information from those accounts (such as your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.

Orders. If you purchase a product or service from us, we request certain personal information from you on our order form. You must provide personal contact information (such as name, email address, and shipping address) and financial information (such as a credit card number and expiration date).

Posted Content. Some of our platforms enable users to submit additional information that may be made accessible to other users or the general public. To post content, you may be required to first register by providing information such as an email address, display name, and password. Registrants also may choose to voluntarily provide additional information, including an avatar image, a biography, and/or information about their location.

Feedback. Our online contact form also contains a “message” field through which you may submit additional personal information.

We may combine personal information collected through the platforms with other information that we or third parties collect about you in other contexts—such as our communications with you via email or phone, or your customer service records. We will treat such combined information as personal information and protect it in accordance with this Policy.

Surveys, Contests, and Promotions.

From time to time, Butterfly Box may ask customers to participate in surveys, contests, or promotions. Such surveys, contests, and promotions may be used to collect both personal and non-personal information. Participation is completely voluntary, and you therefore have a choice whether or not to disclose your information.

Log data.

When you use the site, we automatically receive and record certain information from your computer (or other device) and your browser. This may include such data as your IP address and domain name, the pages you visit or the features you use on the Platforms, the date and time of your visit, the files that you download, the URLs from the websites you visit before and after navigating to the Platforms, your software and hardware attributes (including device IDs), your general geographic location (e.g., your city, state, or metropolitan region), and certain cookie information (see below). To obtain such information, we may use web logs or applications that recognize your computer or device and gather information about its online activity.

Cookies.

We also use cookies in conjunction with the site. Cookies are small files that are stored on your computer or other device by your web browser. A cookie allows the Platforms to recognize whether you have visited before and may store user preferences and other information. For example, cookies can be used to collect information about your use of the Platforms during your current session and over time (including the pages you view and the files you download), the operating system and browser type of your computer or other device, your Internet service provider, your domain name and IP address, your general geographic location, the website that you visited before navigating to the Platforms, and the link you used to leave the Platforms. If you are concerned about having cookies on your computer or device, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer or device. However, if you choose to block or delete cookies, certain features of the Platforms may not operate correctly.

 

HOW WE USE THE PERSONAL AND NON-PERSONAL INFORMATION THAT WE COLLECT

Butterfly Box uses the information that we collect for a variety of purposes. If we have personal information about you, we may use it, for example: to respond to your questions or requests concerning the platforms or other services offered by Butterfly Box or our partners; to fulfill the terms of any agreement you have with us; to fulfill your requests for our services and orders for products or otherwise complete a transaction that you initiate; to send you information about our services, the status of any orders, and other topics that are likely to be of interest to you, including newsletters, updates, or other communications; to authenticate billing and identification information; to deliver confirmations, account information, notifications, awards, service-related announcements, and similar operational communications; to improve or personalize your user experience; to improve the quality of our products and services; to comply with legal and/or regulatory requirements; and to manage our business.

We use the non-personal information that we collect for such purposes as: counting and recognizing users of the platforms; analyzing users’ demographics, interests, and behavior, including how they use the site; improving the site and enhancing users’ experiences with the platforms; researching and creating new products and services or improving our existing products and services; enabling additional website research concerning the site; and managing our business. Butterfly Box may link non-personal information gathered using cookies and web beacons with personal information. We will treat the combined information as personal information.

We also may use the personal and non-personal information that we collect to send you promotional communications, including emails or postal mail about the products and services offered by Butterfly Box or our partners. Although we hope you will find our promotional emails of interest, you may opt out of receiving them by sending an email to butterflybox@gmail.com with “opt out” in the subject line, or by clicking on the “unsubscribe” link in any promotional email. Promotional emails will also have instructions for opting out of that type of communication in the future.

We also provide you the opportunity to opt-out of having your personal information used for certain purposes when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you choose to use our referral service to tell a friend about our products or services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the platforms. This personal information may be used to track the success of our referral program. Your friend may contact us at butterflybox@gmail.com to request that we remove this information from our database.

HOW WE SHARE PERSONAL AND NON-PERSONAL INFORMATION WITH THIRD PARTIES

Third-party plugins.

The platforms integrate certain third-party plug-ins (such as a Facebook “like” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.

Legal purposes.

We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:

  • to comply with applicable law or a court order, subpoena, or other legal process;
  • to investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions or situations involving threats to our property or the property or physical safety of any person or third party;
  • to establish, protect, or exercise our legal rights or defend against legal claims; or
  • to facilitate the actual or proposed financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Aggregated information.

From time to time, Butterfly Box may also share de-identified and aggregated information about platform users, such as by publishing a report on trends in the usage of the platforms.

SECURITY

 

Butterfly Box uses commercially reasonable physical, electronic, and procedural safeguards to protect your personal information against loss or unauthorized access, use, modification, or deletion. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). However, no security program is foolproof, and thus we cannot guarantee the absolute security of your personal or other information.

REVIEWING AND UPDATING YOUR INFORMATION

If you want to learn more about the personal information that Butterfly Box has about you, or you would like to update or change that information, or deactivate your account, please contact us by email at butterflybox@gmail.com

Note that deactivating your account does not cause your account information to be deleted from our servers. You can request such deletion by emailing our Customer Support team at butterflybox@gmail.com

INFORMATION FOR PLATFORM USERS FROM OUTSIDE THE UNITED STATES

The personal and non-personal information that we collect through or in connection with the Platforms is transferred to and processed in the United States for the purposes described above. Butterfly Box also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the platforms or by providing any personal or non-personal information to us, you expressly consent to such transfer and processing.

CHILDREN’S PRIVACY

The platforms are not directed to children under the age of 13, and Butterfly Box will never knowingly collect personal or other information from anyone it knows is under the age of 13. Persons over 13 but under 18 years of age may use the platforms only in conjunction with and under the supervision of a parent or legal guardian.

CHANGES TO THIS POLICY

We reserve the right to amend this policy at any time. We will post all changes to this policy on this website, so you should review the policy periodically. Any such amendments to this policy may apply to information we collect in the future as well as any information we obtained prior to such amendment.

QUESTIONS OR COMMENTS

If you have any questions or comments regarding our Policy, please contact us at butterflybox@gmail.com


















 

Terms and Conditions

Welcome to Butterfly Box. The Butterfly Box website and services are provided by Butterfly Box, LLC (“Butterfly Box”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the butterflybox.com website (the “Website”) and all services provided by Butterfly Box via the Website including without limitation our donation box and yearly gift card services (collectively, the “Services”).

Butterfly Box sells care packages for lupus patients and their families. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Butterfly Box Privacy Policy available on the Website.

ACCEPTANCE OF TERMS

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. 

SCOPE OF SERVICE

You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

WEBSITE CONTENT

You have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

DONATIONS AND PRODUCT SALES

To order simply provide details about yourself, or the gift recipient (for optimal gift selection), your shipping information including your address and billing information, and your valid email address. 

We may from time to time send you our promotions. You may opt-out from receiving special promotions by emailing butterflybox@gmail.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

BUTTERFLY BOX PRODUCTS ARE NOT INTENDED TO CURE, HEAL, OR IMPROVE ANY ILLNESS OR MEDICAL CONDITION. BUTTERFLY BOX MAKES NO CLAIMS, REPRESENTATIONS, OR WARRANTIES ABOUT THE SAFETY OR EFFECTIVENESS OF OUR PRODUCTS FOR ANY PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING PRODUCTS ARE SAFE FOR YOUR USE. SHOULD YOU EXPERIENCE ANY ADVERSE MEDICAL REACTIONS, CALL EMERGENCY SERVICES IMMEDIATELY.

BILLING AND PAYMENTS

All information that you provide to register with Butterfly Box including your credit card information is subject to Butterfly’s Privacy Policy. The price of the Services and/or goods is payable in full before delivery. You will automatically be charged the full price for a yearly subscription. 

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Butterfly Box the right to store and process your information with the third party payment service, which may change from time to time; you agree that Butterfly Box will not be responsible for any failures of the third party to adequately protect such information. Butterfly Box will be in no way liable for any breach of our third party’s security systems or any exposure of your personal or payment information from the third party’s systems or employees. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is attached as a link at https://stripe.com/us/legal/. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

SHIPPING AND RISK OF LOSS

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order when shipped within the United States. Shipping to Canada and Mexico is available for an additional shipping charge based on estimate to ship to address provided (contact Support (butterflybox@gmail.com) for an estimate). Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Butterfly Box within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your gift subscription.

RETURNS AND EXCHANGES

If a Product is defective, you may return it and we will send you a new item or credit your account. To request a refund, please contact us at butterflybox@gmail.com. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page, if any. Please note credits resulting from the seasonal charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Butterfly Box.

Shipping, return and exchange of any products delivered by us are subject to the Butterfly Box Shipping, Return and Exchange Policy.

LOCAL TAXES

You may be charged local sales tax or VAT, if applicable.

INTERNATIONAL ACCESS

This Website is intended solely for use within the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. 

LIMITATION OF LIABILITY

IN NO EVENT SHALL BUTTERFLYBOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE BUTTERFLYBOX TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO BUTTERFLY BOX IN THE THEN-PRIOR CALENDAR MONTH.

INDEMNIFICATION

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Butterfly Box from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

CONTENT SUBMITTED BY USERS

You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as a blog post or through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Butterfly Box. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

We have the right, but not the obligation, to monitor Content submitted to our Website such as blog posts or through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish as well as applicable laws. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Butterfly Box, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.

Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Butterfly Box, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

PROHIBITED CONTENT

By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:

  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Butterfly Box.
  • Use a name or language that Butterfly Box, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another’s copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.

SUBMITTED CONTENT

Butterfly Box does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Butterfly Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Butterfly the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Butterfly Box will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

MINORS

Butterfly Box services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on this Website is the property of Butterfly Box and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of Content submitted by users without compensation by Butterfly Box and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. For copyright issues relating to this Website contact: butterflybox@gmail.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

SECURITY

When you register to participate in Butterfly Box services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password.

DISCLAIMER OF WARRANTY

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OF THE PRODUCTS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN BUTTERFLY BOX’S DISCRETION.

YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BUTTERFLY BOX DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCLUSIONS

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 may not apply to you. 

LINKS TO THIRD-PARTY WEBSITES

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Butterfly Box, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Butterfly Box of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Butterfly Box does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

JURISDICTIONAL ISSUES

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

TERMINATION

We may terminate any user’s access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

ENFORCEMENT

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Denver, CO, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Georgia or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

SEVERABILITY

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT

These Terms and Conditions and our Privacy Policy constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms and Conditions, please contact butterflybox18@gmail.com

Copyright © 2018, Butterfly Box, LLC. All Rights Reserved.