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Butter Bell Store Terms of Web Site Use and Disclaimer

Butterbell.comTerms of Use

Welcome to L. Tremain, Inc. (“Company”) website, Butterbell.com (the “Site”). This is a binding legal contract that applies to anyone who visits this Site and/or uses any of its services. (We will call both the Site and the services, individually and collectively, “Services”). If you do not agree to all of these terms, please do not use the Services. BY ACCESSING THE SITE OR USING ANY OTHER SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. For clarity, these Terms of Use relate to the website www.butterbell.com, which is separate and distinct from corp.butterbell.com, which has its own Terms of Use.

Privacy Policy. In addition to these Terms, your use of the Site and/or Services is also governed by the Site Privacy Policy, located http://www.butterbell.com/help/detail/privacy.

Changes. We are constantly evolving our Services, content and products. This means that we may change or discontinue some or all of the foregoing, without notice or liability to you. This includes, e.g., the right to charge, modify or waive fees in connection with the use of the Services, and to offer opportunities to all or only some users of the Services. In addition, we may change all or part of these Terms at any time. We may make changes by posting the changed terms on the Site; for this reason, we encourage you to review these Terms when you use the Site. YOUR CONTINUED USE OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.

Site Transactions. We reserve the right to refuse any order you place with us. We may limit or cancel purchases at any time for any reason. In the event we change or cancel an order we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe, in our sole discretion, may be placed by dealers, resellers or distributors.

Intellectual Property

Unless otherwise noted, all Site design and materials, including text, graphics, images, videos, designs, illustrations, interfaces, the selection and arrangements thereof, and all of the associated intellectual property are owned, controlled or licensed by “Company”. Butter Bell is a registered trademark of “Company”.

The Site is intended for personal use. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with “Company” or other personal use. The foregoing permission does not grant you any right, title or interest in any copied or printed materials. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, republication, the creation of derivative works, sale, or any other exploitation is strictly prohibited.

Site Purpose

Unless otherwise specified, the Site is intended to promote “Company”’s products and services available in the United States. The content on the Site does not constitute medical advice; please consult your doctor for guidance on diet or otherwise. “Company” is not responsible for any medical or health problems that may result from any information you obtain from this Site.

Submissions

By submitting any content (e.g., recipes, reviews, "favorites" lists, comments, feedback, or any other information, content or material (each, a "Submitted Item") to “Company”, either online or offline and whether or not solicited by “Company”, you hereby grant to “Company” an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, translate, edit, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party. You agree that “Company” is and shall be under no obligation to maintain any Submitted Items in confidence or to respond to any Submitted Items. “Company” has the right but not the obligation to monitor and edit or remove any Submitted Items.

You agree that you will not submit any Submitted Items that violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submitted Items will not be harassing or threatening, harm minors in any way, contain libelous or otherwise unlawful, abusive, hateful, vulgar or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites or Services or any third party using the Site or Services. Your Submitted Items shall not constitute or encourage a criminal offense or otherwise create liability or violate any local, state, national, or international law. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead “Company” or third parties as to the origin or affiliation of any Submitted Items. You may not distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters. You are solely responsible for any Submitted Items you make and their accuracy. “Company” takes no responsibility for and assumes no liability for any Submitted Items posted by you or any third party.

Returns and Pricing

Please see the return policy here:

http://butterbell.preview.cooking.com/help/detail/returns

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers and availability. If any information on this Site is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, change or update information, or cancel orders, at any time (including after you have submitted an order) without prior notice. We cannot guarantee that your computer’s display of any color will be accurate.

Termination

“Company” reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Site and/or Services, to block or prevent future access to and use of this Site and/or Services, and to remove and discard any Submitted Items. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of your ability to use the Site and/or Services.

Infringement Complaints

“Company” respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes infringement, please follow our Infringement Policy procedures located here. http://butterbell.preview.cooking.com/help/detail/infringement

Disclaimer

THIS SITE, AND THE SERVICES, PRODUCTS AND CONTENT AVAILABLE ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU AGREE USE OF THIS SITE, ITS SERVICES, ITS PRODUCTS AND/OR ITS CONTENT IS AT YOUR SOLE RISK. “Company” DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. “Company” EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE ANY SERVICES OR CONTENT ON THE SITE; “Company” DOES NOT REPRESENT OR WARRANT CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation on Liability

IN NO EVENT SHALL “Company” BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF “Company” HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. “Company” SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless “Company” from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, Services and/or your breach of any representation, warranty or other provision of the Terms of Use.

External Sites

This Site may contain links to other sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that “Company” is not responsible for the availability of, and does not endorse, the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. Links are provided on the Site solely for the information and convenience of the Site’s users.

Third Party Site Operation and Order Processing

YOU HEREBY ACKNOWLEDGE AND AGREE THAT “Company” MAY USE COOKING.COM INC AS A THIRD PARTY VENDOR FOR SITE OPERATION, PAYMENT PROCESSING AND ORDER FULFILLMENT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COOKING.COM IS A THIRD PARTY BENEFICIARY TO THESE TERMS OF USE, AND THAT ALL “Company” RIGHTS HEREUNDER, INCLUDING WITHOUT LIMITATION YOUR GRANT TO “Company” OF LICENSES, [COMPANY’S] LIMITATION OF LIABILITY AND [COMPANY’S] INDEMNIFICATION SHALL APPLY EQUALLY TO COOKING.COM.

Choice of Law and Dispute Resolution

These Terms of Use are governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Terms of Use, our Site or our Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.

Miscellaneous

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of “Company”’s right to require strict observance of each of the terms herein. If any provision of the Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use constitute the entire agreement between the parties relating to your use of the Site.

Our Address

Our address is:
Butter Bell Store
4086 Del Rey Ave
Marina Del Rey, CA 90292

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