Last updated November 8, 2017
Privacy and your Personal Information
5. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
Earning Cash Back
6. Earning back a portion of your purchases as cash back ("Cash Back") is straightforward. Complete a purchase through the Butterflysaves.com website or through the Butterflysaves.com browser extension to earn Cash Back on your net purchase amount. Specific Cash Back amounts vary by store and product category and are provided in detail at Butterflysaves.com. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.
7. By using the Service, including through installation of the Butterflysaves.com browser extension, you agree that Butterflysaves.com may automatically activate Cash Back on every third party site visited by you and for which Butterflysaves.com has an offer. No additional activation or permission by you is required unless otherwise instructed to do so.
8. Certain third party stores exclude a limited number of products and purchases from being eligible for Cash Back. Butterflysaves.com does its best to minimize and maintain an up-to-date list of exclusions on Butterflysaves.com.
10. Butterflysaves.com may allow members to purchase bundles of products and services for a discount price (a “Butterfly Bundle”). A Butterfly Bundle often contains both a Cash Back portion and a non-Cash Back portion (e.g. a Butterfly Bundle may contain $10 Cash Back at a specified store, 2 movie tickets, and $50 entertainment savings).
11. Earning the Cash Back portion of a Butterfly Bundle requires a User to shop online at the specified store and click the “Activate” button on the Butterflysaves.com browser extension when it appears in your cart at checkout. To qualify for the Cash-Back portion of the Butterfly Bundle, the user must spend equal to or more than the Cash Back amount at the specified store as part of a single purchase (excluding shipping and tax). Butterfly may ask for proof of purchase via receipt at any time if Butterfly loses tracking capabilities with the retailer or for any reason. Butterfly may change the messaging on the extension at any time. Bundle usage is limited to no more than 5 per month per user. Earned cash will be paid out once per quarter.
12. The Cash Back portion of a Butterfly Bundle has no expiration date and can only be used at the specified store’s online website, not in physical stores. Purchases made to qualify for the Cash Back portion of a Butterfly Bundle are final sales. The items or services purchased made to qualify for the Cash Back portion of a Butterfly Bundle cannot be returned.
13. The terms applicable to the non-Cash Back portions of a Butterfly Bundle are governed by the terms and conditions as specified on the applicable Butterfly Bundle for each of the non-Cash Back portions of the Butterfly Bundle.
Account Information from Third Party Sites
14. With the Service, Members may direct Butterflysaves.com to interact with accounts they own maintained online by third-party companies with which they have accounts (“Third Party Accounts”) such as Facebook or Twitter. Butterflysaves.com makes no effort to review the Third Party Accounts for any purpose, including but not limited to accuracy, legality or non-infringement. Butterflysaves.com is not responsible for the products and services offered by or on third-party sites. If your permission settings allow it, Butterflysaves.com may import information from your Third Party Accounts to help better offer the Services to you. Butterflysaves.com does not control the policies and practices of any third party site or service, including any Third Party Accounts you connect to the Services.
15. Butterflysaves.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Butterflysaves.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Butterflysaves.com Offers and Third Party Links
16. Some parts of the Service may be supported by sponsored links from advertisers and the display of Butterflysaves.com offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We sometimes use specially formatted links for which we receive a commission on resulting sales or clicks from affiliate partners (“Affiliate Links”).
18. Butterflysaves.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Butterflysaves.com will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
19. If there is a dispute between participants on this site, or between users and any third party, you agree that Butterflysaves.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Butterflysaves.com, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
20. Many Butterflysaves.com offers are made in the form of Cash Back for completing a certain action such as completing a transaction on a specific merchant partner’s website. These offers are designed to rebate to you a portion of an affiliate commission paid by a merchant to us. As such we can only provide points or cash back to you when a transaction is successfully completed and tracked and after we are paid by a merchant. If we are not paid by any of our affiliate partners or merchants, then Butterflysaves.com shall have no obligation to provide any Cash Back to you for the transaction that it was not paid for. If there are any difficulties in tracking a transaction due to your use of an ad blocker or for any other reason we may not be able to give you Cash Back. Additionally, you must be a Member in order to receive Cash Back. We partially rely on third party tracking systems and if we cannot track a transaction was properly recorded we will be unable to give you Cash Back. In our sole discretion we may choose to award you Cash Back if you provide enough information about your transaction. Please note that to prevent abuse your account may become ineligible for Cash Back if tracking your transactions becomes an issue.
Referral And Other Incentive Programs
21. Periodically Butterflysaves.com may make you offers to receive Cash Back or other consideration for taking actions to promote the Service (collectively Incentive Programs). In general, if you participate within the spirit of the program you will be rewarded. However, we reserve the right, in our sole discretion, to withhold such consideration for any reason at any time with or without any cause. By participating in Butterflysaves.com Incentive Programs you accept this condition. Additionally, we may choose in our sole discretion to institute a limit on how many times you can receive each type of reward. These limits will vary from program to program. If you have questions about how many times you can participate in each Incentive Program, please contact us.
22. In association with Incentive Programs you may be issued Personalized Links that track traffic back to your account so that we can issue you rewards. You agree not to promote these Personalized Links through any unapproved channels which include but are not limited to: unsolicited email (SPAM), search advertising, display advertising, or any paid promotional channel. If you have questions about a specific promotional method please contact us for permission BEFORE you begin promoting your Personalized Link. Failure to do so will result in all rewards being withheld and your account potentially being suspended.
Your Registration Information
23. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
24. By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser.
25. If you become aware of any unauthorized use of your Registration Information, you agree to notify Butterflysaves.com immediately.
Your Use of the Service
26. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful, internal, and non-commercial purposes.
27. Accurate records enable Butterflysaves.com to provide the Service to you. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
28. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Butterflysaves.com, in its sole discretion, may elect to take.
29. You agree that Butterflysaves.com may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Butterflysaves.com a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Butterflysaves.com in any way.
30. As a part of the Butterflysaves.com community, you agree and authorize Butterflysaves.com to collect information about the websites that you visit that is used to create a better user experience for you and other Butterflysaves.com users. Examples of this type of information includes information about the websites your browser visits including the current product prices and other product details that are used to create a better experience for you and other users. In the future we may offer personalization options in our products that utilize knowledge about what products you are interested in to present relevant content and product offers. As we explore ways to use data to build more powerful product experiences we may provide ways to opt out of this data collection, though it may result in degraded product capabilities if such data is required to provide the product experience.
31. You represent, warrant, and agree that you will not contribute any content or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including Butterflysaves.com);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your Butterflysaves.com account or anyone else’s (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
(i) Copies or stores any significant portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
32. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
License and Restrictions
36. You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (i) store, copy, modify, or distribute any of the content made available on the Service; (ii) compile or collect any content available on the Service as part of a database or other work; (iii) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (iv) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (v) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third-party advertising); (vi) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (vii) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (viii) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (ix) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
37. You are prohibited from falsely stating or otherwise misrepresenting your affiliation with any person or entity. You are prohibited from using any information obtained via the Service for any purpose other than shopping for products without the express written permission of butterflysaves.com. We reserve the right to delete accounts associated with domains owned or operated by our competitors.
Online and Mobile Alerts
38. Butterflysaves.com may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Butterflysaves.com account, such as a change in your Registration Information.
39. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Butterflysaves.com may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
40. Electronic alerts will be sent to the email address you have provided as your primary email address for the Service. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.
41. Because alerts are not encrypted, we will never include your permanent passcode. However, alerts may include your Butterflysaves.com login information and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
42. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Butterflysaves.com does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Butterflysaves.com shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Rights you Grant to us
43. By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Butterflysaves.com through the Service, you are licensing that content to Butterflysaves.com solely for the purpose of providing the Service. Butterflysaves.com may use and store the content, but only to provide the Service to you. By submitting this content to butterflysaves.com, you represent that you are entitled to submit it to Butterflysaves.com for use for this purpose, without any obligation by Butterflysaves.com to pay any fees or other limitations.
Butterflysaves.com's Intellectual Property Rights
44. The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Butterflysaves.com or its software or content suppliers. Butterflysaves.com grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
Rules for Posting Content
45. As part of the Service, Butterflysaves.com allows Members to post content on various publicly available locations in the Service. You agree in posting content to the following:
· You are responsible for all content you submit to the Service.
· By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Service and under this Agreement.
· You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
· You may not interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Disclaimer of Representations and Warranties
46. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BUTTERFLYSAVES.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
47. BUTTERFLYSAVES.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BUTTERFLYSAVES.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations on Butterflysaves.com's Liability
48. BUTTERFLYSAVES.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BUTTERFLYSAVES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, HONEY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Butterflysaves.com
49. You shall defend, indemnify and hold harmless Butterflysaves.com and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Ending your Relationship with Butterflysaves.com
50. This Agreement will continue to apply until terminated by either you or Butterflysaves.com as set out below. If you want to terminate your legal agreement with Butterflysaves.com, you may do so by closing your account for the Service and uninstalling the Service’s browser extension.
51. Butterflysaves.com may at any time, terminate its legal agreement with you:
· if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
· if Butterflysaves.com in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
· immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
52. Butterflysaves.com may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Services’ website(s). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
53. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
54. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
Governing Law and Forum for Disputes
55. This Agreement, and your relationship with Butterflysaves.com under this Agreement, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Butterflysaves.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of in Illinois, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case butterflysaves.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Butterflysaves.com is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
56. You also acknowledge and understand that, with respect to any dispute with butterflysaves.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
· YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
· YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
57. Butterflysaves.com respects the intellectual property rights of others, and asks you to do the same. It is Butterflysaves.com’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact Butterflysaves.com’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that Butterflysaves.com or our copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
58. You may write to Butterflysaves.com’s designated agent for notice of copyright infringement at:
Fox Swibel Levin & Carroll
200 W. Madison Street, Suite 3000
Chicago, IL 60606
59. If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 U.S.C. §512(g)(3)). Butterflysaves.com or our copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from Butterflysaves.com, then Butterflysaves.com may, in our sole discretion, reinstate the removed or disabled material.
60. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
61. You agree that if Butterflysaves.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Butterflysaves.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of Butterflysaves.com’s rights and that those rights or remedies will still be available to butterflysaves.com.
62. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Use of enrolled cards and transaction information
Not all Visa, MasterCard, and American Express cards are eligible for registration. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express.
You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
Double Enrollment Restrictions
Please note that we use Empyr as our service provider to help us operate our program. Your payment card may only be enrolled in one program operated by Empyr. If you have already enrolled a payment card with a separate program operated by Empyr, you will be unable to register that card in both Butterfly and the other Empyr-operated program. You may enroll another payment card in Empyr or deactivate your card in the other Empyr- operated program.
Statement credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected on your periodic card statement. Subject to eligibility verification and settlement of the Qualifying Transaction, statement credits will typically appear on your card statement approximately 60 days after the qualifying transaction, but may be subject to delays.
Release of Visa from Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BUTTERFLY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUTTERFLY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL BUTTERFLY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS OR PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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