Effective Date: February 8, 2017
These Terms apply to the H.D. Buttercup website, http://www.hdbuttercup.com, as well as any other websites, applications, interactive features, or online services that are owned or controlled by HD Buttercup LLC (“HD Buttercup,” “we,” “our,” or “us””) and that post a link to these Terms, whether accessed via computer, mobile device or otherwise (collectively, the “Website”). Unless otherwise stated in writing, these Terms do not apply to your offline business dealings with HD Buttercup.
using particular services or features of the Website, both these Terms and a separate contract, terms of service, or a similar agreement ( "Additional Terms ") may apply to your use of that service or feature. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “GOVERNING LAW; DISPUTES; ARBITRATION” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND HD BUTTERCUP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
- OWNERSHIP OF SITE MATERIALS
The Website includes all materials that comprise or are otherwise a part of the Website (including past, present and future versions of the Website), including, without limitation: graphics; layout; text; instructions; images; graphs; charts; trademarks, logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Website; the compilation, assembly and arrangement of the materials of the Website; and all other materials related to the Website (collectively, "Materials").
The Materials are owned by or licensed to HD Buttercup and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by HD Buttercup, no rights in the Materials (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Website. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms and any Additional Terms, HD Buttercup grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not copy or adapt any object code associated with the Website, reverse engineer, modify or attempt to discover any source code associated with the Website, nor allow or assist any third party (whether or not for your benefit) to do so.
You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Website. Any and all rights to use the Website that are not expressly granted to you under these Terms are reserved for HD Buttercup or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way HD Buttercup's rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
- USER CONTENT; LICENSE TO HD BUTTERCUP
The Website may provide you and other users the opportunity to submit, display or post to the Website a variety of information, content or media, including videos, images, computer code, and text (collectively, "User Content"). HD Buttercup does not control the User Content made available via the Website and therefore does not guarantee the accuracy, integrity or quality of any User Content.
- Responsibility for User Content. You understand that you are solely responsible for your User Content, however submitted. You agree that your User Content complies with the User Content Requirements set forth below. HD Buttercup assumes no, and you assume all, responsibility or liability arising from or related to any User Content submitted to or posted to the Website, including responsibility or liability for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information you submit to or post to the Website.
We have no obligation to monitor the Website or any User Content made available via the Website. However, you acknowledge and agree that HD Buttercup has the right to monitor the Website and User Content you provide and the right (but not the obligation) to delete, edit, move, or disable any such User Content in whole or in part subject to HD Buttercup's sole discretion. HD Buttercup reserves the right to suspend or terminate your access to the Website at any time. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in your User Content, any loss of your User Content or for any loss or damage of any kind incurred as a result of your User Content.
- License to HD Buttercup. Your User Content, whether submitted via the Website or otherwise to HD Buttercup, will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure to anyone, including but not limited to claimed intellectual property owners. You remain the owner of your User Content, but, when you make a submission, you automatically grant to HD Buttercup a worldwide, non-exclusive, assignable, royalty-free, perpetual right and license to use, modify, adapt, copy, display, disclose and create derivative works based upon your User Content (including without limitation any and all intellectual property and proprietary rights in such User Content) for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
- Unsolicited Ideas. You acknowledge that HD Buttercup may be working on or developing material similar or the same in nature to your User Content and that HD Buttercup may have received similar or the same intellectual property rights from another party. HD Buttercup owes you no obligation with respect to your User Content unless you and HD Buttercup enter a written agreement to that effect. If your User Content is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. Any discussions or negotiations between you and HD Buttercup regarding your User Content do not constitute HD Buttercup's recognition of the novelty or originality of your User Content.
- User Content Requirements. When you contribute, upload or otherwise provide your User Content to the Website, you agree to comply with the following requirements:
- User Content must be your own. All User Content must be created by you and you must have all rights in the User Content; or, all persons who contributed in any way or have any rights to your User Content, or otherwise appear in the User Content, must have given you permission to upload and distribute the User Content on the Website and elsewhere. Upon HD Buttercup's request, you will furnish HD Buttercup any documentation, substantiation or releases necessary to verify your compliance with these Terms.
- No third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people without their permission – this means you absolutely may not include any content owned or created by someone else unless you have secured the right to do so, including no uploading or copying of content you found elsewhere on the Internet without proper permission.
- No illegal or objectionable content. Your User Content must not violate any law. Your User Content may not promote any illegal activity and your User Content may not promote violence nor describe how to perform a violent act. Your User Content may not threaten, abuse, or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap. Your User Content may not be libelous, defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- No third party personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual, or that is personal in nature.
- No User Content for commercial purposes. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not damage the Website or anyone's computers. User Content may not contain viruses, Trojan horses, malware, or any other technologies that could impact the operation of the Website or any computer system.
- BUSINESS USES OF THE WEBSITE
- PROHIBITED CONDUCT
You agree that you will not, including without limitation by use of any robot, scraper or other data mining technology or process, frame, mask, extract data or other materials from, or copy or distribute, the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use, the Materials in any way, without the prior written permission of a duly authorized HD Buttercup employee. You may not violate any instructions or restrictions communicated to you by HD Buttercup on or through the Website.
You agree not to violate or interfere with the security of the Website, attempt to gain unauthorized access to the Website or data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password mining or any other means, or otherwise bypass or circumvent any measure employed to limit or prevent access to the Website or Materials. You also agree not to take or attempt any action that, in the sole discretion of HD Buttercup, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or HD Buttercup’s infrastructure. You agree not to use the Website for any unlawful purpose.
- Order Processing.We may, in our sole discretion, choose not to process, or to cancel your order. This may occur, for example, when the product you wish to purchase is out of stock or has been mispriced, we suspect the order is fraudulent, or in other circumstances HD Buttercup deems appropriate in its sole discretion. HD Buttercup also reserves the right, in its sole discretion, to take steps to verify your identity before processing your order. HD Buttercup either will not charge you, or will refund the charges, for orders that we do not process or cancel.
- Gift Cards. HD Buttercup may offer gift cards or gift certificates (“Gift Cards”) for sale via the Website. Except as required by law, Gift Cards are not refundable or redeemable for cash. We are not responsible if any Gift Card is lost, stolen, or destroyed, or used without your permission.
- Return Policy. HD Buttercup’s return policy is accessible via www.hdbuttercup.com/returns-exchanges/.
- Product Information and Colors. HD Buttercup attempts to provide accurate descriptions of products on the Website. We do not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. Because the colors of products that users may see may vary depending on their monitor or display or device settings, we cannot warrant that the display of any color on your device will be accurate. If a product offered on the Website is not as described, your sole remedy is to return the item.
- Pricing Information. HD Buttercup strives to provide accurate pricing information regarding products on the Website. We cannot, however, insure against pricing errors. HD Buttercup reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or Service whose price was incorrectly posted on the site as a result of an error. If this occurs, we will notify you using the contact information you provided with your order.
- Product Availability. The Website may contain information regarding the availability of products. In rare cases, a product may be in stock when a customer places the order, and sold out by the time we process the order. If this happens, we reserve the right to cancel the order, to fulfill only part of the order, to backorder the product, or to take other appropriate actions in our reasonable discretion. If we are not able to promptly fulfill your order, we will notify you using the contact information you provided with your order.
- Shipping and Delivery Charges and Tax. Orders from HD Buttercup may be subject to shipping and delivery charges and applicable taxes. These charges and taxes will be disclosed to you prior to completion of your order. You agree to pay all such shipping charges and taxes. In rare cases, these charges and applicable taxes may not be displayed correctly on the website. If this occurs, we will notify you using the contact information you provided with your order to request your consent to the corrected charges.
- United States Orders Only. HD Buttercup does not offer shipping or delivery of orders outside of the contiguous United States. HD Buttercup, in its sole discretion, may choose not to process, or to cancel any order with a delivery address outside of the contiguous United States.
- COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
You may not use the Website for any purpose or in any manner that infringes the rights of any third party. HD Buttercup encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), HD Buttercup has a designated agent for receiving notices of copyright infringement and HD Buttercup follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HD Buttercup's copyright agent (copyright agent contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Website contains content that violates your rights other than copyrights, please provide HD Buttercup at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send (a) your notice of claims of copyright infringement on or regarding the Website, or (b) a complaint regarding alleged violation of rights other than copyrights, to HD Buttercup ’ s copyright agent, who can be reached as follows:
HD Buttercup – Attn: Copyright Complaints
email@example.com. (with subject “Copyright Complaints”)
2118 E 7th Place, Los Angeles, CA 90021
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
HD Buttercup will provide you with notice if your submission has been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, THIRD PARTY INTERACTIONS, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE) ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HD BUTTERCUP PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE HD BUTTERCUP PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE (OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY HD BUTTERCUP PARTY, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FURTHER, THE HD BUTTERCUP PARTIES DO NOT WARRANT OR GUARANTEE THAT YOUR ACTIVITIES, OR USE OF THE WEBSITE, ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE HD BUTTERCUP PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
THE HD BUTTERCUP PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE WEBSITE).
PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE WEBSITE. A POSSIBILITY EXISTS THAT THE WEBSITE COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE WEBSITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE WEBSITE, THE HD BUTTERCUP PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE WEBSITE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE HD BUTTERCUP PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE WEBSITE (INCLUDING THE WEBSITE AND ALL MATERIALS, INFORMATION, LINKS, PRODUCTS, SERVICES, SOCIAL DISTRIBUTION, THIRD PARTY INTERACTIONS, USER CONTENT, AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE WEBSITE); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF, THE WEBSITE; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HD BUTTERCUP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE WEBSITE; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HD BUTTERCUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE WEBSITE). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE HD BUTTERCUP PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL THE HD BUTTERCUP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE WEBSITE IS TO STOP USING THE WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE HD BUTTERCUP PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE DOLLAR ($1) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE.
HD BUTTERCUP SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT HD BUTTERCUP IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF HD BUTTERCUP.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ANY HD BUTTERCUP PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE WEBSITE OR ANY OF HD BUTTERCUP PARTIES’ WEB SITES, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE HD BUTTERCUP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE WEBSITE OR ANY OTHER HD BUTTERCUP PARTIES’ WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE HD BUTTERCUP PARTIES.
BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
- GOVERNING LAW; DISPUTES; ARBITRATION
- Governing Law. The validity and interpretation of these Terms, the rights and obligations hereunder, and all causes of action (whether sounding in contract, tort, or otherwise) arising out of or related to these Terms, the termination of these Terms, or the use of the Website, are to be governed by, and construed in accordance with, the substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California.
- Waivers. Both you and HD Buttercup hereby expressly waive trial by jury. Both you and HD Buttercup waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and HD Buttercup waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
- Arbitration of Disputes. Unless you opt-out specifically as set forth in this Section, you agree that all disputes between you and HD Buttercup (whether or not such dispute involves a third party) with regard to these Terms or your use of the Website will be resolved by binding, individual arbitration, except for disputes relating to the infringement of your or HD Buttercup’s intellectual property (such as trademarks, trade dress, copyright and patents) or where HD Buttercup is seeking a preliminary injunction (“Excluded Disputes”). You agree that arbitration will be conducted by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Comprehensive Arbitration Rules and Procedures then in effect. Notwithstanding any provision of the JAMS Comprehensive Arbitration Rules and Procedures then in effect, the arbitrators shall not have the authority or jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, California law. The arbitration will be conducted in Los Angeles, California, in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
- Venue. If you have not validly opted out of arbitration, you agree that any action at law or in equity relating to the arbitration provision of these Terms or the Excluded Disputes will be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If you have validly opted out of arbitration, you agree that any action at law or in equity will be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- MEMBERSHIP & REGISTRATION
Use of the Website, or certain areas of the Website, may require registration or may otherwise ask or require you to provide information to use certain services or features. When you choose to provide information to the Website, you agree to provide only true, accurate, current and complete information. You agree to update any of your information if it becomes inaccurate. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights.
HD Buttercup reserves the right to review your registration before permitting access, to deny access to the Website, and to terminate your access to the Website, for any reason or no reason, in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Website. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Website, including, without limitation, those governing your transmission or use of any software or data.
- SOCIAL DISTRIBUTION
HD Buttercup grants you the limited, revocable permission, subject to the restrictions in these Terms, to engage in the following personal uses of Materials that include the ability to share Materials with others ("Social Distribution"): (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website; or (c) posting and displaying a copy of the Materials on a third party website that permits users to post content, so long as the posting is allowed pursuant to the third party website’s terms and conditions and policies, and provided that the third party website does not charge for access to those materials or associate those materials with products, services or advertising. If you engage in Social Distribution, you agree that you will not post any performance claims about a HD Buttercup product or service through your Social Distribution and that only HD Buttercup may make claims, promises or statements on behalf of HD Buttercup about its products and services. You also agree that you will not imply that you and HD Buttercup are affiliated in any way or that HD Buttercup approves of your Social Distribution. Except as otherwise permitted by these Terms, or expressly in writing by HD Buttercup, you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials. HD Buttercup may, and reserves the right to, revoke HD Buttercup’s permission for Social Distribution at any time and for any reason, and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
- JURISDICTIONAL ISSUES
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject HD Buttercup to any registration requirement within such jurisdiction or country. HD Buttercup controls the Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in other locations. Anyone using or accessing the Website from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Website or any portion of the Website, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by the Website may be subject to United States export controls. Thus, no software from the Website may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States government has embargoed goods or designated as a “terrorist supporting country”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders, or any other U.S. Government list of prohibited or restricted parties. By downloading any software related to the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- SWEEPSTAKES, CONTESTS & PROMOTIONS
The Website may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether or not your participation, registration or entry will be valid or restricted and to determine the sponsor's requirements of you in connection with the applicable sweepstakes, contest, or promotion.
- LINKS TO THIRD PARTY CONTENT & THIRD PARTY INTERACTIONS
The Website may provide links to certain web sites, services and features that are provided by third parties. Functionality on the Website may also permit interactions between the Website and a third party web site or online feature, including functionality that allows you to connect the Website or your profile on the Website with a third party site. For example, the Website may include features enabling you to indicate on a third party web site or service that you “like” certain Website content, to share Website content on a third party web site or service, to log-in to the Website using your username and password for a third party web site or service, to transmit content to the Website from your account on a third party web site or service, and to otherwise connect the Website to a third party web site or service. Using this functionality may require you to login to your account on the third party site, and you do so at your own risk.
We do not control any of these third party web sites, or services, or any of their content. Accordingly, you understand and agree that we are not responsible for your use of these third party web sites or services, and that your use of such sites or services is subject to the terms and conditions established by such third parties. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Further, you may choose, at your sole and absolute discretion and risk, to use applications or other functionality that connects the Website or your profile on the Website with a third party web site or service (“Third Party Interactions”) and such Third Party Interactions may interact with, connect to or gather and/or pull information from and to your profile or account on the Website or another third party web site or service. By engaging in such Third Party Interactions, you acknowledge and agree to the following: (i) if you use Third Party Interactions to share information relating to your accounts on the Website, you are consenting to the information about your account being shared; (ii) your use of Third Party Interactions may cause personally identifying information to be publicly disclosed and/or associated with you, even if HD Buttercup has not provided such information; and (iii) your use of Third Party Interactions is at your own option and risk, and you will hold HD Buttercup harmless for the sharing of information relating to your accounts on the Website that results from your use of Third Party Interactions. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on or in connection with Third Party Interactions.
Descriptions of, references to, or links to products, services or publications within the Website do not imply endorsement of that product, service or publication.
- LINKING POLICY
HD Buttercup grants you the revocable permission to link to the Website; provided, however, that any link to the Website: (a) must not present false information about, disparage damage, dilute or tarnish the goodwill associated with HD Buttercup or its products or services, any HD Buttercup property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with HD Buttercup; (c) must not frame or create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (d) must not use any HD Buttercup trademarks without the prior written permission from HD Buttercup; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in HD Buttercup's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Website from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in HD Buttercup's sole discretion). By linking to the Website, you agree that you do and will continue to comply with the above linking requirements.
HD Buttercup reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Website (or any portion of the Website), and to block or prevent future access to and use of the Website for any reason, including, without limitation, your breach of these Terms or other conduct by you that HD Buttercup considers inappropriate. HD Buttercup reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You agree that no HD Buttercup Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Website. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Website will not affect any right or relief to which HD Buttercup may be entitled, at law or in equity, nor shall they affect any obligation you have to HD Buttercup, including but not limited to the payment of fees.
Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to HD Buttercup and its licensors. Upon termination of your access to the Website, or upon demand by HD Buttercup, you must destroy all Materials and all related documentation including immediately discontinuing the use of any links to the Website. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.
You understand and agree that HD Buttercup will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
- ENTIRE AGREEMENT
- CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms without prior notice ( "Updated Terms "). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link from the home page. Therefore, whenever you want to use the Website you should review these Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward.
- CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms, please contact us at HD Buttercup – Attn: Legal Department, 2118 E 7th Place, Los Angeles, CA 90021