BUTTERFLY BAR - TERMS OF USE

1. AGREEMENT, ACKNOWLEDGEMENT, AND ACCEPTANCE OF TERMS

The following Terms of Use (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or products (collectively the “Service”), that are owned, operated, or provided by Butterfly Bar, or any of its subsidiaries, divisions, and affiliates (“Butterfly Bar”). PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW AS IT REQUIRES YOU TO MEDIATE AND ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. Any translations are for your convenience only. To the extent that any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control. Butterfly Bar offers the Service, including all information, tools, services, goods, and products available, to you conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before using our Service or making any transaction, order, or purchase. By making any transaction, order, or purchase or by visiting or otherwise using the Service in any manner, you acknowledge and accept without limitation or qualification, that you have read and understood these Terms and you agree to be bound by them. By using the Service, you represent and warrant that you are at least the legal age of majority in the jurisdiction in which you reside. The Service is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE. We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms.

2. OWNERSHIP OF SERVICE

The Service and all of its content, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively referred to as the “Content”), are all proprietary and owned or controlled by Butterfly Bar, our licensors, and certain other third parties. All right, title, and interest in and to the Content available via the Service is the exclusive property of and owned by Butterfly Bar, our licensors or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent or other intellectual property and unfair competition rights and laws to the fullest extent possible. Butterfly Bar grants you a limited, revocable, nontransferable license to temporarily download one copy of the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, modifying or copying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Butterfly Bar. Butterfly Bar owns and uses several trademarks on the Service. All rights reserved. Some features of the Service may now or in the future allow you to provide content, such as written comments or reviews, to be published or displayed on public areas of the Service (“User Content”). By submitting any User Content, you grant to Butterfly Bar a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Content in any manner, including to create derivative works, without any compensation or notice to you.

3. SHIPPING AND RETURNS

You acknowledge, agree, and consent to the terms of our Shipping Policy and Return Policy which are incorporated herein by reference and can be accessed and reviewed through the provided links.

4. DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SERVICE, INCLUDING INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. Butterfly Bar DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS. YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THIS TIME. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

5. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Butterfly Bar and its officers, directors, employees, and agents from and against any and all claims, losses, liability, damages, costs, or expenses, including reasonable attorneys’ fees and costs, that may arise from or in connection with your use of the Service or violation of these Terms.

6. LINKS TO OTHER MATERIALS

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7. GOVERNING LAW

By accessing our Services, you agree that the statutes and laws of the United States and the state of California, USA, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Service. Any litigation, action, or proceeding arising out of or related to these Terms shall be subject to the jurisdiction of California. Any disputes should be resolved in an appropriate state or federal court located in Los Angeles County, California.

8. ARBITRATION

You and Butterfly Bar acknowledge and agree to resolve any disputes through arbitration, rather than litigation. Please read this section carefully as it affects your rights. Both parties agree that should any disputes arise, they will first attempt to resolve it through non-binding mediation in Los Angeles County, California. If mediation is unsuccessful, the dispute will then be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules. The language of the arbitration will be English. The decision of the arbitrator(s) will remain confidential between the parties. Any arbitration will be conducted on an individual basis and not as a class or group action. This means neither you nor Butterfly Bar can consolidate claims or litigate in court or arbitrate any claims as a representative or member of a class. By agreeing to these Terms, you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Any arbitration will be conducted in Los Angeles County, California. The arbitrator(s) have the authority to make rulings and resolve disputes but are limited by the terms of this agreement.

9. CLASS ACTION WAIVER

Both you and Butterfly Bar agree that each will bring claims against the other only in an individual capacity and not as a plaintiff or member in any purported class or representative proceeding. All arbitrations will be conducted on an individual and not a class-wide basis. Both parties expressly waive any ability to maintain any class action in any forum.

10. PAYMENTS, REFUNDS, AND BILLING

Upon purchasing any of our barbells, payment will be made in accordance with the payment methods stipulated on our website or within our service terms. All sales are final. However, should there be a verifiable error or damage associated with your purchase, you may request a refund within thirty (30) days from the purchase date. The approval of the refund is at the sole discretion of Butterfly Bar. All refund requests must be submitted in writing to our customer service.

12. EXCLUSION OF WARRANTIES

Our barbells are sold "as is" and "as available". Butterfly Bar hereby disclaims all implied warranties of merchantability and fitness for a particular purpose. Butterfly Bar does not warrant that the use of our barbells will be uninterrupted, timely, secure, or error-free or that any errors will be corrected.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Butterfly Bar be liable for any indirect, incidental, special, exemplary, or consequential damages, including but not limited to, loss of profits, data, or other intangible losses, arising out of or in connection with your use of our barbells, even if Butterfly Bar has been advised of the possibility of such damages. Our maximum liability to you for all claims, for any reason whatsoever, will in any case be the amount you paid for the barbell.