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-gifts.com website and content on the butterfly-gifts.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-gifts.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.
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.
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 yourdirection 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.
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.
Tax amounts are charged on orders based upon the shipping destination’s local sales tax laws.
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.
10.1 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.