Terms of Use |
PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE CAREFULLY AS THEY CONTAIN INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Innovation River LLC ("Company") is an Illinois limited liability company that owns and operates www.butter-baron.com (the "Website") through which Company markets and sells products. This Terms of Use agreement ("Agreement") states the terms and conditions under which a user or its agents (collectively, "User") may access and use the Website. Company and User are each, alternatively, a "Party" and collectively "Parties."
1. Acceptance of Terms of Use. By accessing and using the Website, whether or not to purchase Company's products, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement's terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use the Website. To the extent permitted by law, Company may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to https://www.butter-baron.com/terms-of-use.html. Company will notify User on its website and/or via email that amended terms have been posted, such terms becoming effective seven (7) days thereafter. User agrees that its continued use of the Website constitutes an acceptance of such amendments.
2. Residency and Age. The Website is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Website, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Website is not intended to be accessed or utilized by children less than 13 years of age.
3. Disclaimer. THE WEBSITE AND THE ENTIRETY OF ITS CONTENTS AND PRODUCTS PROVIDED THEREWITH ARE PROVIDED "AS IS," AND COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (I) THE WEBSITE WILL MEET USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE WEBSITE WILL MEET EXPECTATIONS; (V) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
4. Proprietary Rights.
a. Ownership. All Website content is protected under international law and is owned by Company.
b. Limited License. Company hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to use the Website at all times subject only to the terms and conditions of this Agreement. User's use of the Website may involve viewing text and images, communicating with Company, and purchasing products from Company, notwithstanding any specific prohibitions herein. All rights not expressly granted under this Agreement are reserved by Company.
c. Termination. Any rights granted to User under this Agreement shall immediately terminate upon User's breach of the terms of this Agreement.
5. User's Use of the Website.
a. General. User agrees to use the Website responsibly and truthfully. User may be able to browse Website pages, register an account, order products, and communicate with Company pursuant to the terms and conditions herein.
b. Registration. To use certain features of the Website, User may be asked to register with the Website. User agrees: (i) to provide true, accurate, current and complete information ("User Information") about itself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to and use of the Website (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username and password (“Credentials”) and User is solely and fully responsible for all activities that occur under its Credentials. User agrees to: (i) immediately notify Company of any unauthorized use of User's Credentials or any other breach of security; and (ii) ensure that User logs off from its account at the end of each web applications session. Company cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.
c. Payment Processors. Ordering products through the Website involves utilizing the secured server of a payment processing service provider ("PSP," e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Website or Company, nor receives any financial benefit from the Website or Company other than a fee paid by Company to PSP for the services performed by PSP. Company makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON.
d. Prohibitions. User agrees NOT to:
(i) use any content or information available through the Website for any unauthorized purpose;
(ii) interfere with or damage the Website including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
(iii) collect, store, or distribute any information about any other user other than in the course of the permitted use of the Website;
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights;
(v) impersonate any person, company, or entity, either through identity masking or otherwise;
(vi) modify, sublicense, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any content on or portion of the Website or any software used on or for the Website;
(vii) attempt to gain unauthorized access to the Website or its related systems or networks;
(viii) use any robot, spider, site search/retrieval application, or other software or device to retrieve or index any portion of the Website or collect information about the Website or its users for any unauthorized purpose;
(ix) use the Website in any way that competes with products or services offered by Company;
(x) use the Website in an application that contains or displays or promotes spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories;
(xi) violate any applicable law or regulation in connection with User's use of the Website;
(vii) disclose, without authorization, any proprietary or confidentially-marked information to Company or third-parties; or
(xiii) assist any third-party in doing any of the foregoing.
6. Links. The Website may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) Company shall not be responsible for the availability of such external sites or resources; and (ii) Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Company 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 the use of, or reliance upon, any such content, goods, or services available on or through any such website or resource.
7. Limits on Liability. Company, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns ("Company Parties") shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to: (i) the Website's availability; (ii) the acts, omissions, or conduct of any user or third-party, whether online or offline; (iii) any Website content; (iv) any goods or services acquired as a result of any information obtained or transactions entered into through the Website; or (v) any use of goods or services made available on any internet resource or webpage linked to the Website. The Company Parties shall not be held responsible for technical malfunctions of any telephone system, cellular network, cable system, computer equipment, server, provider, or software. The Company Parties shall not be held responsible for any injury or damage to User's computer resulting from use of the Website including, but not limited to, web page viewing, file downloading, server use or access, or following Website links. User accesses the Website at his/her own risk and is singularly responsible for any loss, damage, or costs incurred during such activity. The Company Parties shall not be responsible for any incorrect or inaccurate content posted on or received from the Website, regardless of the cause of such inaccuracy. The Company Parties shall not be responsible for any conduct of any User of the Website. The Company Parties shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User's communication. No data or information obtained from the Company Parties shall create any warranty.
The Company Parties aggregate liability to User or any third-party, in any matter arising from or related to the Website or the Agreement, shall not exceed the sum of one hundred dollars ($100.00).
User's access or use of any third-party website or internet resource linked to or from the Website, or User's use of goods or services from third-party websites or internet resources linked to or from the Website, is made at User's own risk. User hereby releases the Company Parties from any damages User suffers from User's access to third-party website or internet resources, and User agrees not to make any claims against the Company Parties arising from any purchase or acquisition of goods and services made available through the Website or though third-party websites or internet resources.
The Company Parties shall not be liable for any damages resulting from the failure, by any party, to protect User passwords or account information. The Company Parties shall not be liable for any failure or performance delay under the Agreement due to circumstances beyond the Company Parties' control including, but not limited to, natural catastrophes, governmental acts, laws or regulations, terrorism, labor strikes or difficulties, communication system interruptions, hardware or software failures, transportation interruptions, or any inability to acquire materials or supplies.
8. Representations and Warranties of User. User hereby represents and warrants that: (i) it has the legal right and authority to enter into this Agreement; (ii) User's user of the Website shall not violate any agreement User has with any other person or entity; and (iii) any materials or information provided by User to the Website, and User's use of the Website, shall not violate any law nor infringe upon nor violate any rights of any person or entity including, without limitation, the right of privacy, right of publicity, or the right against libel or slander.
9. Indemnification. User agrees to indemnify, defend, and hold harmless the Company Parties from and against any loss, liability, or expense, including reasonable attorneys' fees and expenses and court costs, arising out of or related to: (i) any third-party claim against any Company Party alleging that any User content posted or submitted to the Website infringes any of the third-party's rights; (ii) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; or (iii) any cost or expense Company incurs in enforcing this Section. Company reserves the right to control the defense and settlement of any action or proceeding against any Company Party that User is bound to defend pursuant to the foregoing.
10. Suspension / Termination. Company, in its sole and unfettered discretion, may suspend or terminate all or part of User's access to the Website for any reason including, without limitation, User's breach of this Agreement. User agrees that any suspension or termination of its access to the Website may be effected without prior notice, and User agrees that: (i) Company may immediately deactivate or delete any of User's accounts and all related information and files in such accounts; and (ii) bar any subsequent access to the Website. User agrees that Company shall not be liable to User or any third-party for any costs or damages of any kind for or resulting from any suspension or termination of User's Website access. Company reserves the right to block users from certain IP addresses from accessing the Website.
11. Take-Down Requests, DMCA. Company expressly prohibits users from uploading, posting, or otherwise distributing through the Website any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any User believes any Website content violates or otherwise infringes upon any of User's rights, User is encouraged to contact Company immediately to request that the allegedly offending content ("Offending Content") to be removed from the Website. To make such a request ("Take-Down Request"), User should provide Company's designed agent, listed below, with:
a. the identify of the Offending Content in sufficient detail such that it can be readily located (e.g., "The photograph of available at https://www.butter-baron.com/item123.jpg");
b. User's name, mailing address, email address, and telephone number; and
c. the name, user id, email, telephone phone number, and mailing address of the person User believes posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act ("DMCA"), Company has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Website content. If User believes in good faith that material appearing on this website infringes your copyright, provide notification, pursuant to 17 U.S.C. s 512(c)(3)(A), to our Copyright Agent at:
Copyright Agent
Innovation River LLC
ATTN AU LLC
564 W. Randolph St. 2nd Floor
Chicago, IL 60661
butter@butter-baron.com
Tel: (312) 715-7312
Fax: (312) 646-2501
Similarly, the DMCA provides that if one, in good faith, believe that a notice of copyright infringement has been wrongfully filed against him, he may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. s 512(g)(3).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. s 512(f).
Company will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the Website access of repeat infringers.
12. Dispute Resolution Protocol.
a. Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. User and Company agree to submit to the personal jurisdiction of the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois also located in Cook County, Illinois, for any actions for which the Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party's internet security, copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
b. Negotiations. In the event any dispute arises, User and Company agree to first attempt to negotiate the resolution any dispute, except those disputes the involving actual or threatened infringement, misappropriation, internet security breaches, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, informally for at least thirty (30) days before initiating any arbitration or court proceeding.
c. Other parties. User accepts that, as a corporation, Company has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against Company's officers or employees in respect of any losses User suffers in connection with the Website. Without prejudice to the foregoing, User agree that the limitations of warranties and liability set out in this Agreement will protect Company's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Company.
d. Binding Arbitration. All claims arising from use of the Website (except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. User understands that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator will apply Illinois law. Unless otherwise agreed by the Parties, arbitration will take place in Chicago, Illinois. User's arbitration fees and User's share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User's claim for damages does not exceed $10,000, Company will pay User's share of fees unless the arbitrator finds that either the substance of User's claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The arbitrator must follow Illinois law and any award may be challenged if the arbitrator fails to do so. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
e. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER. USER AND COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE USER'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
13. Miscellaneous.
a. Injunctive Relief. User acknowledges that the services and information furnished by Company hereunder and the rights granted by Company herein are of a special, unique, and intellectual nature, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law. The breach by User of the provisions of this Agreement will cause Company irreparable injury and damage for which Company will be entitled, without posting any bond or security, to seek injunctive or other equitable relief. The granting of equitable relief will not be construed as a waiver of any other rights of Company in law or in equity
b. Waiver; Remedies Cumulative. To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.
c. Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the Parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. The Parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement.
d. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement is not intended, and will not be construed, to render Company, User, and/or third-parties partners, joint venturers, or co-owners.
e. Survival. Sections 3, 4, 6, 7, 9, 12, and 13 shall survive the termination or expiration of this Agreement.
14. Contact. Any questions regarding these Terms of Use may be directed to Company's administrators at butter@butter-baron.com.
Terms of Use © 2016 Innovation River LLC
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION IN SECTION 12 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Innovation River LLC ("Company") is an Illinois limited liability company that owns and operates www.butter-baron.com (the "Website") through which Company markets and sells products. This Terms of Use agreement ("Agreement") states the terms and conditions under which a user or its agents (collectively, "User") may access and use the Website. Company and User are each, alternatively, a "Party" and collectively "Parties."
1. Acceptance of Terms of Use. By accessing and using the Website, whether or not to purchase Company's products, User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement's terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use the Website. To the extent permitted by law, Company may amend, at any time and from time to time, this Agreement by posting a version of this Agreement to https://www.butter-baron.com/terms-of-use.html. Company will notify User on its website and/or via email that amended terms have been posted, such terms becoming effective seven (7) days thereafter. User agrees that its continued use of the Website constitutes an acceptance of such amendments.
2. Residency and Age. The Website is intended to be accessed and utilized by Users who have attained the age of majority in their respective state or province. By accessing and using the Website, User hereby represents, warrants, and affirms that it is either at least 18 years of age, an emancipated minor, or has acquired a parent or guardian's consent. User hereby affirms that it is, at a minimum and without exception, 13 years old. The Website is not intended to be accessed or utilized by children less than 13 years of age.
3. Disclaimer. THE WEBSITE AND THE ENTIRETY OF ITS CONTENTS AND PRODUCTS PROVIDED THEREWITH ARE PROVIDED "AS IS," AND COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (I) THE WEBSITE WILL MEET USER'S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE WEBSITE WILL MEET EXPECTATIONS; (V) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
4. Proprietary Rights.
a. Ownership. All Website content is protected under international law and is owned by Company.
b. Limited License. Company hereby grants User a limited, revocable, non-exclusive, non-transferable, non-sublicenseable right to use the Website at all times subject only to the terms and conditions of this Agreement. User's use of the Website may involve viewing text and images, communicating with Company, and purchasing products from Company, notwithstanding any specific prohibitions herein. All rights not expressly granted under this Agreement are reserved by Company.
c. Termination. Any rights granted to User under this Agreement shall immediately terminate upon User's breach of the terms of this Agreement.
5. User's Use of the Website.
a. General. User agrees to use the Website responsibly and truthfully. User may be able to browse Website pages, register an account, order products, and communicate with Company pursuant to the terms and conditions herein.
b. Registration. To use certain features of the Website, User may be asked to register with the Website. User agrees: (i) to provide true, accurate, current and complete information ("User Information") about itself as prompted by any registration form; and (ii) to maintain and promptly update its User Information to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to and use of the Website (or any portion thereof). User is solely and fully responsible for maintaining the confidentiality of its username and password (“Credentials”) and User is solely and fully responsible for all activities that occur under its Credentials. User agrees to: (i) immediately notify Company of any unauthorized use of User's Credentials or any other breach of security; and (ii) ensure that User logs off from its account at the end of each web applications session. Company cannot and will not be liable for any loss or damage arising from User's failure to comply with this section.
c. Payment Processors. Ordering products through the Website involves utilizing the secured server of a payment processing service provider ("PSP," e.g., Stripe). Neither PSP nor any person or company related to PSP holds any ownership interest in the Website or Company, nor receives any financial benefit from the Website or Company other than a fee paid by Company to PSP for the services performed by PSP. Company makes absolutely no representations and/or warranties, and provides no assurances, regarding the PSP, the PSP owner, or the quality, availability, legality, or description of the payment processing services offered thereon. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PSP AND/OR THE SERVICES OFFERED THEREON.
d. Prohibitions. User agrees NOT to:
(i) use any content or information available through the Website for any unauthorized purpose;
(ii) interfere with or damage the Website including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
(iii) collect, store, or distribute any information about any other user other than in the course of the permitted use of the Website;
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights;
(v) impersonate any person, company, or entity, either through identity masking or otherwise;
(vi) modify, sublicense, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any content on or portion of the Website or any software used on or for the Website;
(vii) attempt to gain unauthorized access to the Website or its related systems or networks;
(viii) use any robot, spider, site search/retrieval application, or other software or device to retrieve or index any portion of the Website or collect information about the Website or its users for any unauthorized purpose;
(ix) use the Website in any way that competes with products or services offered by Company;
(x) use the Website in an application that contains or displays or promotes spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, the sale of tobacco or alcohol to persons under twenty-one (21) years of age, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, or weapons and accessories;
(xi) violate any applicable law or regulation in connection with User's use of the Website;
(vii) disclose, without authorization, any proprietary or confidentially-marked information to Company or third-parties; or
(xiii) assist any third-party in doing any of the foregoing.
6. Links. The Website may contain links to other Internet sites and resources, and User hereby acknowledges and agrees that: (i) Company shall not be responsible for the availability of such external sites or resources; and (ii) Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. User agrees that Company 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 the use of, or reliance upon, any such content, goods, or services available on or through any such website or resource.
7. Limits on Liability. Company, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, successors, or assigns ("Company Parties") shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or relating to: (i) the Website's availability; (ii) the acts, omissions, or conduct of any user or third-party, whether online or offline; (iii) any Website content; (iv) any goods or services acquired as a result of any information obtained or transactions entered into through the Website; or (v) any use of goods or services made available on any internet resource or webpage linked to the Website. The Company Parties shall not be held responsible for technical malfunctions of any telephone system, cellular network, cable system, computer equipment, server, provider, or software. The Company Parties shall not be held responsible for any injury or damage to User's computer resulting from use of the Website including, but not limited to, web page viewing, file downloading, server use or access, or following Website links. User accesses the Website at his/her own risk and is singularly responsible for any loss, damage, or costs incurred during such activity. The Company Parties shall not be responsible for any incorrect or inaccurate content posted on or received from the Website, regardless of the cause of such inaccuracy. The Company Parties shall not be responsible for any conduct of any User of the Website. The Company Parties shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User's communication. No data or information obtained from the Company Parties shall create any warranty.
The Company Parties aggregate liability to User or any third-party, in any matter arising from or related to the Website or the Agreement, shall not exceed the sum of one hundred dollars ($100.00).
User's access or use of any third-party website or internet resource linked to or from the Website, or User's use of goods or services from third-party websites or internet resources linked to or from the Website, is made at User's own risk. User hereby releases the Company Parties from any damages User suffers from User's access to third-party website or internet resources, and User agrees not to make any claims against the Company Parties arising from any purchase or acquisition of goods and services made available through the Website or though third-party websites or internet resources.
The Company Parties shall not be liable for any damages resulting from the failure, by any party, to protect User passwords or account information. The Company Parties shall not be liable for any failure or performance delay under the Agreement due to circumstances beyond the Company Parties' control including, but not limited to, natural catastrophes, governmental acts, laws or regulations, terrorism, labor strikes or difficulties, communication system interruptions, hardware or software failures, transportation interruptions, or any inability to acquire materials or supplies.
8. Representations and Warranties of User. User hereby represents and warrants that: (i) it has the legal right and authority to enter into this Agreement; (ii) User's user of the Website shall not violate any agreement User has with any other person or entity; and (iii) any materials or information provided by User to the Website, and User's use of the Website, shall not violate any law nor infringe upon nor violate any rights of any person or entity including, without limitation, the right of privacy, right of publicity, or the right against libel or slander.
9. Indemnification. User agrees to indemnify, defend, and hold harmless the Company Parties from and against any loss, liability, or expense, including reasonable attorneys' fees and expenses and court costs, arising out of or related to: (i) any third-party claim against any Company Party alleging that any User content posted or submitted to the Website infringes any of the third-party's rights; (ii) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; or (iii) any cost or expense Company incurs in enforcing this Section. Company reserves the right to control the defense and settlement of any action or proceeding against any Company Party that User is bound to defend pursuant to the foregoing.
10. Suspension / Termination. Company, in its sole and unfettered discretion, may suspend or terminate all or part of User's access to the Website for any reason including, without limitation, User's breach of this Agreement. User agrees that any suspension or termination of its access to the Website may be effected without prior notice, and User agrees that: (i) Company may immediately deactivate or delete any of User's accounts and all related information and files in such accounts; and (ii) bar any subsequent access to the Website. User agrees that Company shall not be liable to User or any third-party for any costs or damages of any kind for or resulting from any suspension or termination of User's Website access. Company reserves the right to block users from certain IP addresses from accessing the Website.
11. Take-Down Requests, DMCA. Company expressly prohibits users from uploading, posting, or otherwise distributing through the Website any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any User believes any Website content violates or otherwise infringes upon any of User's rights, User is encouraged to contact Company immediately to request that the allegedly offending content ("Offending Content") to be removed from the Website. To make such a request ("Take-Down Request"), User should provide Company's designed agent, listed below, with:
a. the identify of the Offending Content in sufficient detail such that it can be readily located (e.g., "The photograph of available at https://www.butter-baron.com/item123.jpg");
b. User's name, mailing address, email address, and telephone number; and
c. the name, user id, email, telephone phone number, and mailing address of the person User believes posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act ("DMCA"), Company has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Website content. If User believes in good faith that material appearing on this website infringes your copyright, provide notification, pursuant to 17 U.S.C. s 512(c)(3)(A), to our Copyright Agent at:
Copyright Agent
Innovation River LLC
ATTN AU LLC
564 W. Randolph St. 2nd Floor
Chicago, IL 60661
butter@butter-baron.com
Tel: (312) 715-7312
Fax: (312) 646-2501
Similarly, the DMCA provides that if one, in good faith, believe that a notice of copyright infringement has been wrongfully filed against him, he may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. s 512(g)(3).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. s 512(f).
Company will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the Website access of repeat infringers.
12. Dispute Resolution Protocol.
a. Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. User and Company agree to submit to the personal jurisdiction of the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois also located in Cook County, Illinois, for any actions for which the Parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a Party's internet security, copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
b. Negotiations. In the event any dispute arises, User and Company agree to first attempt to negotiate the resolution any dispute, except those disputes the involving actual or threatened infringement, misappropriation, internet security breaches, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, informally for at least thirty (30) days before initiating any arbitration or court proceeding.
c. Other parties. User accepts that, as a corporation, Company has an interest in limiting the personal liability of its officers and employees. User agrees that it will not bring any claim personally against Company's officers or employees in respect of any losses User suffers in connection with the Website. Without prejudice to the foregoing, User agree that the limitations of warranties and liability set out in this Agreement will protect Company's officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Company.
d. Binding Arbitration. All claims arising from use of the Website (except those disputes the involving actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. User understands that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes both of which are available at the AAA website http://www.adr.org. The Parties will submit briefs of no more than 10 pages and the arbitration hearing will be limited to two (2) days maximum. The arbitrator will apply Illinois law. Unless otherwise agreed by the Parties, arbitration will take place in Chicago, Illinois. User's arbitration fees and User's share of arbitrator compensation will be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If User's claim for damages does not exceed $10,000, Company will pay User's share of fees unless the arbitrator finds that either the substance of User's claim or the relief sought was frivolous or brought for an improper purpose as determined pursuant to Federal Rule of Civil Procedure 11(b). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing. The arbitrator must follow Illinois law and any award may be challenged if the arbitrator fails to do so. The Parties may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
e. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER. USER AND COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND USER INDIVIDUALLY. USER ACKNOWLEDGES AND AGREES THAT USER AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE USER'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
13. Miscellaneous.
a. Injunctive Relief. User acknowledges that the services and information furnished by Company hereunder and the rights granted by Company herein are of a special, unique, and intellectual nature, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law. The breach by User of the provisions of this Agreement will cause Company irreparable injury and damage for which Company will be entitled, without posting any bond or security, to seek injunctive or other equitable relief. The granting of equitable relief will not be construed as a waiver of any other rights of Company in law or in equity
b. Waiver; Remedies Cumulative. To the maximum extent permitted by applicable law: (i) no claim or right arising out of this Agreement or any of the documents referred to in this Agreement can be discharged by a Party, in whole or in part, by a waiver or renunciation of the claim or right unless in writing signed by such Party; (ii) no waiver that may be given by a Party will be applicable except in the specific instance for which it is given; and (iii) no notice to or demand on one Party will be deemed to be a waiver of any obligation of that Party or of the right of the Party giving such notice or demand to take further action without notice or demand as provided in this Agreement.
c. Entire Agreement and Modification. This Agreement supersedes all prior agreements, whether written or oral, between the Parties with respect to its subject matter and constitutes a complete and exclusive statement of the terms of the agreement between the Parties with respect to its subject matter. The Parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement.
d. Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. This Agreement is not intended, and will not be construed, to render Company, User, and/or third-parties partners, joint venturers, or co-owners.
e. Survival. Sections 3, 4, 6, 7, 9, 12, and 13 shall survive the termination or expiration of this Agreement.
14. Contact. Any questions regarding these Terms of Use may be directed to Company's administrators at butter@butter-baron.com.
Terms of Use © 2016 Innovation River LLC