/Policy/Terms
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“Helping Engineers, Developers, and IT Professionals Prosper In the Internet Era”

Butterflyvista Corporation Terms and Conditions

Last updated: April 2, 2011

This Terms of Use / Conditions of Use statement (also referred to as Butterflyvista Terms of Use Policy) explains our conditions of use of this site for our customers. By visiting butterflyvista.com, you are accepting the practices described in this Terms of Use notice.

Contents

The links below provide detailed information about our privacy practices:

  1. Privacy Policy
  2. Electronic Communications
  3. Copyright and Trademark
  4. License and Site Access
  5. Reviews, Comments, Communications, and Other Content
  6. Validating Your Order
  7. Order Acceptance Policy
  8. Return Policy
  9. Indemnification
  10. Disclaimer of Warranties and Limitation of Liability
  11. Applicable Law
  12. Site Policies and Severability
  13. Changes to Site
  14. Our Address

Privacy Policy

Please review our privacy policy, which constitutes part of policy set, which governs the use of this site.

Electronic Communications

By creating an account on our site and/or making a purchase from us, you grant us the right to communicate with you via email. To opt-out of any marketing materials, please follow the opt-out / opt-in section on your account page. Furthermore, when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright and Trademark

All content included on this site, such as text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is held by Butterflyvista, and is protected by United States and international copyright, service mark, trade dress, trademark laws, and/or various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the site and no content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Butterflyvista's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Butterflyvista reserves all rights not expressly granted hereunder. Butterflyvista expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

License and Site Access

You agree to use this site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy this site will not be tolerated, including by means of hacking or defacing any portion of this site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

With respect to Your Account, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this site. Because any termination of your access to the site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this site.

You also agree that Butterflyvista may, in its sole discretion and without prior notice to you, terminate your access to the Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies.

When you create an account, you will be asked to supply a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this site using your account or User ID.

To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy. When participating in sweepstakes or contests offered on our site, you are urged to review the official rules and regulations governing those promotions. All Materials submitted as part of a contest will be governed by contest rules published with the contest.

These terms, conditions, and policies are effective until terminated by either party. If you no longer agree to be bound by these terms and conditions, you must cease your use of this site. Your use of this site is at your sole risk. If you are dissatisfied with this site, its content, or any of these terms, conditions, and policies, your sole and exclusive legal remedy is to discontinue using this site.

Butterflyvista grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Butterflyvista. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Butterflyvista. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Butterflyvista without express written consent. You may not use any meta tags or any other "hidden text" utilizing Butterflyvista's name or trademarks without the express written consent of Butterflyvista. Any unauthorized use terminates the permission or license granted by Butterflyvista. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of butterflyvista.com so long as the link does not portray Butterflyvista, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Butterflyvista logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, and Other Content

We welcome your reviews, comments, communications, notes, messages, ideas, feedback, suggestions or other communications (collectively, "Comments") concerning the Site, which shall be and remain the exclusive property of Butterflyvista. Your submission of any such Comments shall constitute an assignment to Butterflyvista of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Butterflyvista will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, only send us comments which you desire to assign to us.

Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Butterflyvista web site reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Butterflyvista upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Return Policy

All sales made through the Butterflyvista web site are subject to Butterflyvista's return policy. Please read our payment policy for a complete explanation of our return policy.

Indemnification

You agree to indemnify, defend, and hold harmless Butterflyvista and its suppliers and vendors from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to your violation of this agreement.

Disclaimer of Warranties and Limitation of Liability

This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by Butterflyvista on an "as is" and "as available" basis, unless otherwise specified in writing. Butterflyvista makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Butterflyvista disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Butterflyvista does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from Butterflyvista are free of viruses or other harmful components. Butterflyvista will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Applicable Law

By visiting butterflyvista.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Butterflyvista.

Site Policies and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to butterflyvista.com. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Changes to Site

Butterflyvista and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through this site, or discontinue this site altogether, at any time without notice.

Butterflyvista may modify this agreement or any other policy that governs use on this site at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review this agreement periodically, and your continued use of this site shall be deemed your acceptance of the modified agreement.

Our Address

Butterflyvista Corporation

2118 Wilshire Blvd #753

Santa Monica, CA 90403-5704

http://www.butterflyvista.com

An Equal Opportunity Employer, M/F/D/V/SO/GI/GE