Last updated: 2/3/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BUTTER WEBSITES, LLC, a limited liability company organized under the laws of the state of Ohio (“Butter Websites”) and the client, whether personally or on behalf of an entity (“Client”) (Collectively referred to as the “Parties”), with regard to access and use of Butter Websites's website: https://www.butterwebsites.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Butter Websites shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Butter Websites for services rendered shall remain and continue to be an ongoing obligation owed by Client to Butter Websites.

Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Butter Websites and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Butter Websites and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “as is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Butter Websites's express prior written permission. Butter Websites reserves all rights in the Website, Content and Marks.

Indemnification

The Developer agrees that any intellectual property provided to them by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any concepts, techniques, inventions, processes, works of authorship, confidential information, or trade secrets.

The Client represents to the Developer and unconditionally guarantees that all text, graphics, photos, designs, trademarks, hyperlinks, or other content on their website are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will indemnify the Developer and its subcontractors against any liability, including any claim or suit, threatened or actual, arising from the use of those elements furnished by the Client. The Client further represents to the Developer that its domain names and URL listing do not infringe, dilute, or otherwise violate third-party rights or trademarks.

All text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Website are the property of the Client and the Developer has no ownership rights or other intellectual property rights to those items.

User Representations

By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.

Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Butter Websites on behalf of the Client. Further, Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Butter Websites or other users; Interfere with, disrupt or create an undue burden on the Website or Butter Websites's networks or servers; Use the Website in an effort to compete with Butter Websites; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of Butter Websites's employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm Butter Websites; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.

Client Requests

Client acknowledges and agrees that any maintenance requests, content update requests, feature requests, questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Butter Websites and Butter Websites is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Butter Websites shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Butter Websites for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

Management and Oversight

Butter Websites reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Butter Websites further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Butter Websites, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Butter Websites and shall be designed to protect Butter Websites's rights and property.

Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other regions of the world may result in the applicability of laws, statutes or regulations different from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Butter Websites does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Butter Websites without parental consent, Butter Websites shall delete that information as soon as reasonably practicable.

Returns and Refunds

Butter Websites reserves the right to deny refunds based on its own self discretion and without notice or liability to the Client. Refund requests are assessed on a case by case basis.