INTELLECTUAL CONTENT PROPERTY NOTICE: The content (content being images, designs and/or graphics, text) on all pages of this website are the Copyrighted Intellectual personal property of Christopher & Randy Jones of Seabeck, WA and are protected by US and International Copyright and Trademark Laws. Contents may not be reproduced, copied, translated, forwarded or distributed in any manner (electronic, web or printed) without our prior written consent. We actively seek out copyright violations and will use any and all legal means available to enforce Copyright Infringements.
1.
ACCEPTANCE
OF TERMS
Butterfly & Nature Gift Store,
Inc. ("Butterfly&NatureStore ") provides
the butterfly-houses.com website and content on the butterfly-houses.com
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.butterfly-houses.com/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.butterfly-houses.com/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.
|