Terms and Conditions

Terms and Conditions

Overview

This website is operated by Ardie Hood, Sole Proprietor of Butterfly Brittles. Throughout the site, the terms “we”, “us” and “our” refer to Ardie Hood and Butterfly Brittles. Our website is provided by Ardie Hood and Butterfly Brittles, including all information, tools and services available from this website to you, the user, per the condition upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”), including those additional Terms and Conditions, and Policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on GoDaddy.com.com They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1):  General Conditions of Service

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content, not including credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 2):  Online Store Terms of Service

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, including, but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

Any breach or violation of any of these online store Terms will result in the immediate termination of the Services provided by us.

Section 3):  Information Accuracy, Completeness, and Timeliness

We are not responsible if information made available on this website is not accurate, complete or up-to-date. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance of the material on this website is strictly at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and provided for informational purposes only. We reserve the right to modify the contents of this website at any time, but we have no obligation to maintain current information on our site. You agree that it is your responsibility to monitor any changes to our site.

Section 4):  Modifications to Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.

Section 5):  PRODUCTS OR SERVICES (If Applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange guidelines as stated in accordance to our Return/Refund Policy.

We have made every effort to accurately display colors of product images which appear in our online store. We cannot guarantee the accuracy of your computer monitor's display of any representive images or colors associated with our products.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other items purchased or obtained by you will meet your expectations, or that we will be obligated to correct errors provided by our Services.

Section 6):  Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you, if necessary.

For more specifics, please refer to our Returns/Refunds Policy.

Section 7):  Optional Tools

Our website may provide you access to third-party tools over which we neither monitor, administer inputs, nor have any control

You acknowledge and agree that we provide access to such tools ”as available” and “as is” without any conditions, obligations, representations, warranties, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through our online store is entirely at your own discretion and risk.  You should ensure that you are familiar with and approve of the terms on which tools are provided by relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our online store, including, the release of new tools and resources; any such new features and/or services shall also be subject to our Terms and Conditions.

Section 8):  Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or information on such websites, or for materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of content, goods, resources, services, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before engaging in any transaction. We take no responsibility for claims, complaints, concerns, or questions regarding third-party products and services; therefore, any issues should be directed to the third-party for resolution.

Section 9):  User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions, i.e., suggestions or contest entries or without a request from us you send comments, creative ideas, suggestions, proposals, plans, or other collective materials, by email, postal mail, online, or otherwise collectively, you agree that we may, at any time, and without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium such comments forwarded to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) compensate you for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion, to be defamatory, libelous, objectionable, obscene, offensive, pornographic, threatening, unlawful, or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of any Products and Services relating to this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any such comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10):  Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.

Section 11):  Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information for Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Section 12):  Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using our website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of Services or any related website for violating any of the prohibited uses.

Section 13):  Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant your use of our Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results may be obtained from the use of Services will be accurate or reliable.

You agree that from time to time we may remove Services for indefinite periods of time or cancel the service at any time, without notice.

You expressly agree that your use of, or inability to use Services is at your sole risk. All Services and all products delivered to you through our Services, except as expressly stated by us, and provided 'as available' available' and 'as is’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ardie Hood, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14):  Indemnification

You agree to indemnify, defend and hold harmless Ardie Hood and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15):  Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16):  Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will remain liable for all financial obligations due, up to and including the date of termination; and/or accordingly may deny you access to our Services, or any part thereof.

Section 17):  Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us; including, but not limited to, any prior versions of our Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Section 18):  Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of P.O. Box 203 Corona Del Mar, CA 92625.

Section 19):  Changes to Terms and Conditions

You can review the most current version of our Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Section 20):  Contact Information

Questions about the Terms and Conditions should be sent to us at hello@butterflybrittles.com.

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