INTELLECTUAL CONTENT PROPERTY NOTICE: The content (content being images, designs and/or graphics, text) on all pages of this website are the Copyrighted Intellectual personal property of Christopher & Randy Jones of Seabeck, WA and are protected by US and International Copyright and Trademark Laws. Contents may not be reproduced, copied, translated, forwarded or distributed in any manner (electronic, web or printed) without our prior written consent. We actively seek out copyright violations and will use any and all legal means available to enforce Copyright Infringements.
ACCEPTANCE OF TERMS
Butterfly & Nature Gift Store, Inc.
("Butterfly&NatureStore ") provides the i-mailboxes.com
website and content on the i-mailboxes.com
website (collectively, the "website") to you, subject to the
following terms of website (the "TOS"). By accessing the
website or any portion thereof, you signify your agreement to all terms,
conditions, and notices contained or referenced in the TOS. If you do
not agree to the TOS, do not use the website. Butterfly&NatureStore
reserves the right, at its discretion, to update or revise the TOS from
time to time without notice to you. Please check the TOS periodically
for changes. You can review the most current version of the TOS at any
time at http://www.i-mailboxes.com/policies.html.
Your continued use of this website following the posting of any changes
to the TOS constitutes acceptance of any such changes. In addition, when
using particular features of the website, you shall be subject to any
guidelines or rules applicable to such websites that may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
Information you supply about yourself through any
purchase through the website, buyers will be required to transmit to
Butterfly&NatureStore certain personal information, including,
without limitation, the buyer's name and address. Butterfly&NatureStore
shall protect the confidentiality of such buyer personal information at
all times, shall not disclose any such buyer personal information to any
third party, and shall not use such buyer personal information for any
purpose other than shipping purchased items to buyers, and internal
record keeping. Butterfly&NatureStore
reserves the right, at its discretion, to update or revise the privacy
policy from time to time without notice to you. Please check the privacy
policy periodically for changes. You can review the most current version
3.1 in consideration of your use of the website,
you represent that: (i) you are of legal age to form a binding contract;
or (ii) your use of, the website is expressly authorized by a parent or
guardian of legal age to form a binding contract and who agrees to be
bound by the TOS and by any purchase in which you participate.
Butterfly&NatureStore is concerned about the
safety and privacy of all its users, particularly children. The website
is not directed to children under the age of 13. The website requires
all users to be at least 13 years of age. When you, as a parent or
guardian, permit a child to access the website, you represent and agree
that: (a) you are fully bound by the TOS; (b) you shall ensure that your
child complies in all respect with the TOS and you shall be responsible
for any breach by your child of any term or condition of the TOS; (c)
with respect to any purchase conducted by your child through the
website, you consent to and are personally bound by the terms of such
transaction as the actual party in interest, and your child is acting on
your behalf and at your direction solely as an authorized agent. Please
remember that the website is designed to appeal to a broad audience.
Accordingly, as the parent or legal guardian, it is your responsibility
to determine whether any portion of the website is appropriate for your
child, and if you, as a parent or guardian, object for any reason to
your child's use of the website.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH
THE WEBSITE. SPECIFICALLY, BUTTERFLY&NATURESTORE AND ITS SERVICE
PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR
CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND DISCLAIM WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION.
(B) NEITHER BUTTERFLY&NATURESTORE NOR ITS SERVICE PROVIDERS MAKES
ANY WARRANTY: (I) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II)
THAT THE WEBSITE USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; (III) THAT COMMUNICATIONS AND USER SETTINGS WILL BE
DELIVERED OR STORED; (IV) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (V) THAT THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (VI)
THAT ANY ERRORS ON THE WEBSITE WILL BE CORRECTED; OR (VII) WITH RESPECT
TO ANY OTHER MATTER.
(C) ANY SERVICE CONTENT, USER CONTENT OR OTHER MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
(D) THE WEBSITE MAY PROVIDE, OR THIRD PARTIES MAY
PROVIDE, LINKS TO OTHER INTERNET SITES OR RESOURCES. BECAUSE
BUTTERFLY&NATURESTORE HAS NO CONTROL OVER SUCH SITES AND RESOURCES,
YOU ACKNOWLEDGE AND AGREE THAT BUTTERFLY&NATURESTORE IS NOT
RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES,
AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT,
ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH
SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT
BUTTERFLY&NATURESTORE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY
OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY
OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR
WEBSITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM BUTTERFLY&NATURESTORE OR ITS SERVICE PROVIDERS OR THROUGH OR
FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
(F) NEITHER BUTTERFLY&NATURESTORE NOR ITS SERVICE PROVIDERS MAKES
ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
RETURNS AND EXCHANGES
It is our goal that you are completely satisfied
with your purchase. If for any reason you are not satisfied, please
return your purchase in its original packaging, with your original
packing slip and your return authorization number, for a full refund.
You may obtain the return authorization number by calling or
emailing Butterfly&NatureStore, before returning merchandise.
Packages returned without this number cannot be accepted.
All claims for missing items, damaged goods, or defective
merchandise must be made within 10 working days of receiving them.
Merchandise returned will be credited to your account if in saleable
Tax amounts are charged on orders based upon the
shipping destination’s local sales tax laws.
Without the prior permission of Butterfly&NatureStore
or the relevant website provider, as applicable, you are not permitted
to use or display any name, trademark or website mark of Butterfly&NatureStore
or any website provider in any manner. Without limitation, nature-gifts.com,
naturegifts.com, our-natural-world.com, nature gift store, the butterfly
site, thebutterflysite.com, butterfly-gifts.com, butterflypictures.net,
butterfly-houses.net, butterflyhouses.com, monarch-butterfly.com,
dragonfly-site.com, butterfly—garden.com, butterflys.org,
i-butterflies.com, free-nature-animal-butterfly-wallpaper.com and
Butterfly & Nature Gift Store are trademarks of Butterfly&NatureStore.
All rights thereto are reserved and may not be used without express
permission of the owner. Other trademarks appearing in the website are
the property of the respective owners and there is no claim made
ADVERTISERS AND WEBSITE PROVIDERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers and/or third-party website
providers found on or through the website, including payment and
delivery of related goods or websites, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser or website provider. You agree that
Butterfly&NatureStore shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers or website
providers on the website. If you do not wish to deal with such
advertisers or website providers, do not purchase any items or websites
offered by or through them. Butterfly&NatureStore is not responsible
for any loss, damage, injury, or harm that may result from your
interactions with advertisers or website providers.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER
BUTTERFLY&NATURESTORE NOR ITS WEBSITE PROVIDERS SHALL BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE PURCHASED GOODS; (II) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS PURCHASED OR
OBTAINED; (III) UNAUTHORIZED ACCESS TO, OR USE OR ALTERATION OF, YOUR
TRANSMISSIONS, INFORMATION OR DATA, WHETHER STORED ON BUTTERFLY&NATURESTORE
SERVERS OR THE SERVERS OF ANY THIRD-PARTY WEBSITE PROVIDER; (IV) ACTS OF
GOD; (V) ERRORS, OMISSIONS,
OR MISSTATEMENTS IN ANY AND ALL INFORMATION PROVIDED UNDER THIS
AGREEMENT; (VI) PROCESSING OF YOUR PURCHASE; (VII) DAMAGE TO COMPUTER
HARDWARE OR SOFTWARE RESULTING FROM USE OF THE WEBSITE OR ANY WEBSITE
CONTENT OR USER CONTENT THEREIN; OR (VIII) ANY OTHER MATTER RELATING TO
THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF BUTTERFLY&NATURESTORE OR ITS WEBSITE PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, IN NO EVENT WILL THE LIABILITY OF BUTTERFLY&NATURESTORE OR
ITS WEBSITE PROVIDERS TO YOU ARISING UNDER OR RELATING TO THE SALE OF
GOODS FROM ITS WEBSITE EXCEED THE TOTAL AMOUNT OF PAYMENTS, IF ANY,
ACTUALLY RECEIVED BY BUTTERFLY&NATURESTORE OR ITS WEBSITE PROVIDERS
FROM YOU FOR THE GOODS PURCHASED THROUGH THE WEBSITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF
BUTTERFLY&NATURESTORE AND ITS WEBSITE PROVIDERS IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY SUCH LAW.
10.1 governing law and venue:
The construction, interpretation and performance of
the TOS and all transactions related thereto shall be governed by and
construed in all respects in accordance with the laws of the state of
Washington, without giving effect to the principles of conflicts of law
thereof. You irrevocably consent to venue in Kitsap county, Washington,
and you agree that any mediation, arbitration, action or lawsuit arising
under this agreement or relating to the subject matter thereof shall be
maintained in Kitsap county, Washington. You agree that, regardless of
any statute or law to the contrary, any dispute or claim arising out of
or related to use of this website provided by Butterfly&NatureStore
or otherwise arising out of or related to the provisions and conditions
of the TOS, must be asserted within one (1) year after such claim or
cause of action first arose or shall be forever barred.
10.2 dispute resolution:
Except where expressly indicated to the contrary in
the TOS, any dispute, claim or controversy arising out of or relating to
the TOS, or breach of the TOS, shall be resolved in accordance with the
commercial arbitration rules of the American arbitration association.
The arbitration shall be conducted in Kitsap County, Washington. Prior
to any demand for arbitration the parties will attempt in good faith to
resolve through negotiation any such dispute, claim, controversy arising
of or relating to the TOS or breach of the TOS.
Either party may initiate negotiations by providing written
notice, in letter form, to the other party setting forth the subject of
the dispute, and the relief requested. Within fifteen (15) days after
receipt of said notice (or such longer period as may be agreed to by the
parties), the receiving party shall submit to the other party a written
response. The notice and response shall include (i) a general statement
of the party's position, and (ii) recommended solution to the dispute.