Terms and Conditions

DEFINITIONS

Site: The Healing Butterfly main webpage, www.HButterfly.com, as well as all sub-pages of this main webpage.
You: The person visiting Site
Company: Liberty Brands, LLC and all subsidiaries and divisions of Liberty Brands, LLC, of which Healing Butterfly is a part.
Team: The owners, employees, third-party contractors, and consultants of Healing Butterfly
Author: The members of Team that developed the content for Site.
Products: All products sold under the Healing Butterfly brand name.
Orders: All Products You have purchased on Site.
Agreement: Terms of Use Agreement.
Third-Party: Links to other website from Site, non-Company businesses.

TERMS OF USE AGREEMENT

1. This Agreement is entered between and by You and Company. Access to Site, and any use thereof, is subject to the terms and conditions set forth herein, as well as the Legal Disclaimer Policy webpage, Privacy Policy webpage, and the Purchasing, Shipping, Returns, and Refunds webpage. By accessing, reading, or otherwise using the Site, you hereby agree to these terms and conditions.

2. This Agreement contains disclaimers and other provisions that limit the Company’s liability to You.

3. Please read Agreement fully and carefully. If You do not agree to be bound to each and every term and condition set forth herein, please exit Site and do not access, read, or otherwise use information provided herein.

4. Age Restriction:
4.1. Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use, and/or browse Site.

5. By accessing Site and/or reading the content, and/or using it to find information on any other website or informational resource, You acknowledge and agree that You have read and understand these terms and conditions, that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable, and that Your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress, or undue influence exercised upon You by any person or entity.

6. Medical and Health-Related Decisions:
6.1. You, as the reader, agree that You shall not make any medical or health-related decision based in whole or in part on anything contained in Site.
6.2. You should not rely on any information contained in Site and related materials in making medical, health-related or other decisions.
6.3. You should consult a licensed physician or appropriately-credentialed health care provider in Your community in all matters relating to Your health.

7. Site Content:
7.1. The content on Site may be changed at any time without notice.
7.2. The content on Site is not guaranteed to be complete, correct, timely, cur-rent or up-to-date.
7.3. As with any printed material, the content on Site may become out-of-date.
7.4. The Author, Team, and Company undertake no obligation to update any content on Site.
7.5. The content on Site may be changed at any time without notice, based on the Author, Team, or Company sole and absolute discretion.
7.6. Opinions expressed in Site are not necessarily those of the Author, Team, or Company.
7.7. Any opinions of the Author, Team, or Company have been considered in the context of certain conditions and subject to assumptions that cannot necessarily be applied to an individual case or particular circumstance.
7.8. The content may not and should not be used or relied upon for any other purpose, including, but not limited to, use in or in connection with any legal proceeding.
7.9. Content made available at the Site is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Under no circumstances, as a result of Your use of the Site, will the Author or Team be liable to You or to any other person for any direct, indirect, incidental, consequential, special, exemplary, or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.
7.10. From time to time, Site may contain health– or medical-related information that is sexually explicit or provocative. If You find this information offensive, please exit Site.

8. Pricing:
8.1. Prices for all products are subject to change, at the sole discretion of Company, and without notice.
8.2. Products may be discontinued or modified at any time, at the sole discretion of Company, and without notice.
8.3. Number and availability of products are at the sole discretion of Company, and changes can be made at any time by Company, without notice.

9. Personal Information:
9.1. Submission of personal information through Sites online store is governed by Company Privacy Policy.

10. Third-Party Links:
10.1. Site may contain links to other Third-Party websites. These links are provided solely as a convenience and not as a guarantee or recommendation by the Author, Team, or Company for the services, information, opinion, or any other content on such Third-Party websites nor as an indication of any affiliation, sponsorship, or endorsement of such Third-Party websites.
10.2. If You decide to access a linked Third-Party website, You do so at Your own risk.
10.3. Your use of other websites is subject to the terms of use for such sites.
10.4. The Author, Team, and Company are not responsible for the content of any linked or otherwise connected Third-Party websites.
10.5. The Author, Team, and Company do not make any representations or guarantees regarding the privacy practices of, or the content or accuracy of materials included in, any linked or Third-Party websites.
10.6. The inclusion of Third-Party advertisements on Site does not constitute an endorsement, guarantee, or recommendation by Author, Team, or Company.
10.7. Author, Team, and Company make no representations and/or guarantees regarding any product or service contained therein any Third-Party websites.

11. Affiliated Sites:
11.1. Company has no control over, and no liability for any Third-Party websites or materials.
11.2. Company may work with a number of partners and affiliates whose websites may be linked with Site.
11.3. Because neither Company nor Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
11.4. Similarly, from time to time in connection with Your use of Site, You may have access to content items (including, but not limited to, websites) that are owned by a Third-Party. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this Third-Party content, and that, unless expressly provided otherwise, Agreement shall govern Your use of any and all Third-Party content.

12. Feedback, Posts, Reviews, and Emails:
12.1. Site is open to the public. You should consider comments carefully and not post any information or ideas that You would like to keep private.
12.2. By uploading to Site or otherwise making available any information to the Author, Team, or Company in the form of user generated comments or otherwise, You grant the Author, Team, and Company the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
12.3. You are responsible for the comments You post.
12.4. You may not impersonate any other person through Site.
12.5. You may not post content that is defamatory, fraudulent, obscene, threatening, libelous, invasive of another person’s privacy rights, or that is otherwise unlawful.
12.6. You may not post content that infringes on the copyright, trademark, privacy, or intellectual property rights of any other person or entity.
12.7. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
12.8. Company assumes neither responsibility nor liability for posts made by You or any Third-Party.
12.9. By submitting or posting content on the Site, You grant Author, Team, and Company the right to remove any content or comment that, in judgement of Author, Team, or Company does not comply with the terms and conditions of the Agreement or is otherwise objectionable.
12.10. You grant Author, Team, Company the right to modify, adapt, and edit any content You post to Site.

13. Indemnification:
13.1. You agree to indemnify and hold Author, Team, and Company harmless from any claim or demand, including attorneys’ fees, made by any Third-Party as a result of (1) any content posted or made available by You on Site, (2) any violation of law that occurs by You through Site, and/or (3) anything You do using Site and/or the content contained therein.
13.2. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, attorneys, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of Site, Your violation of the Agreement, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity.

14. Modification to Agreement:
14.1. Author, Team, or Company may modify the terms and conditions of Agreement in whole or in part at any time for any reason without any notice to You, based on Author, Team, or Company discretion.
14.2. Such modified terms and conditions shall supersede Agreement and shall become binding when published online on Site.

15. Binding Effect:
15.1. This is a binding agreement between You and Company. By using Site and/or any online store on Site and/or any services provided on Site, You agree to abide by Agreement, as they may be amended by the Company from time to time at its sole discretion.
15.2. Company will post a notice on Site any time Agreement has been changed or otherwise updated.
15.3. It is Your responsibility to review Agreement periodically, and if at any time You find Agreement unacceptable, You must immediately cease all use of Site.

16. Intellectual Property:
16.1. All trademarks and logos are owned by Company and You may not copy or use them in any manner. Nothing contained on Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company.

17. Limited Liability:
17.1. To the maximum extent permitted by law, in no event will Company be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to Agreement, Site, or the performance or non-performance hereunder, or the use of or inability to use Site, including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, computer failure, or malfunction.

18. Governing Law:
18.1. Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Florida, without reference to their rules regarding conflicts of law.
18.2. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orlando, Florida, in all disputes arising out of or related to the use of the Site or Service.

19. Florida Use Only:
19.1. Site is controlled and operated by Company from its office in the State of Florida.
19.2. Your use of or access to Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Florida.

20. No Partnership; No Agency:
20.1. Agreement shall not be construed as creating a co-venture or a co-partnership between You and Company.
20.2. Further, Agreement shall not give rise to any fiduciary duties as between You and Company.
20.3. Further, You, and Your agents and employees, shall under no circumstances be deemed agents, employees, or representatives of Company and You shall have no right to enter into any contracts or commitments in the name of or on behalf of Company or to obligate Company to third persons in any respect whatsoever.

21. Integration:
21.1. Agreement, together with the Legal Disclaimer Policy webpage, Privacy Policy webpage, and the Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, contains the entire agreement between You and Company.
21.2. Agreement, together with the Privacy Policy, Legal Disclaimer, and Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, supersedes any and all other agreements and communication, either oral or written between all parties with respect to the subject matter of Agreement, and contains all of the covenants, representations, warranties, and agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no representation, warranties, covenants, inducements, promises or agreements, oral or otherwise, have been made by any party, which are not embodied herein, and that no other agreement, statement, representation, warranty or covenant not contained in this Agreement shall be binding or valid.

22. Prohibited Uses:
22.1. Company imposes certain restrictions on Your permissible use of Site.
22.2. You are prohibited from violating or attempting to violate any security features of Site, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing Site.
22.3. Any violation of system or network security may subject You to civil and/or criminal liability.

23. Severability Waiver:
23.1. If, for whatever reason, a court of competent jurisdiction finds any term or condition in Agreement, together with the Privacy Policy, Legal Disclaimer, and Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.
23.2. No waiver of any breach of any provision of Agreement, together with the Privacy Policy, Legal Disclaimer, and Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

24. Copyright:
24.1. All information on Site retains a copyright by Company.

25. Entire Agreement:
25.1. You accept that Agreement, together with the Privacy Policy, Legal Disclaimer, and Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, represents the entire understanding between you and Author, Team, and Company concerning use of Site.

ACKNOWLEDGEMENT: by accessing Site, you acknowledge that You have read Agreement, together with the Legal Disclaimer Policy webpage, Privacy Policy webpage, and the Purchasing, Shipping, Returns, and Refunds verbiage and any applicable Orders or Confirmations, and agree to be bound by them.

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