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Terms of Use

Introduction

Butterflysaves.com offers a variety of services that allows members to earn cash back on purchases made at a variety of third party stores. Butterflysaves.com receives a fee for referring buyers to affiliated stores and uses that fee to pay members cash back on their purchases. Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release/upgrade of new Butterflysaves.com properties, shall be subject to these Terms of Use.

Terms of Use

1. By using or visiting the Butterflysaves.com website, using the Butterflysaves.com browser extension, or using any of the Butterflysaves.com products, software, information or services provided to you on, from, or through the Butteryflysaves.com website (collectively, the “Service”) you signify your agreement to (1) these Terms of Use and (2) Butterflysaves.com’s Privacy Policy, found at butterflysaves.com. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. You agree to be bound by these Terms of Use whether you are a “Visitor” (have not registered with us) or a “Member” (you have registered with and created an account with Butterflysaves.com. The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Butterflysaves.com.

2. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Eligibility

3. You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms of Use. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited. Except as otherwise expressly provided in these Terms of Use, the Service is for personal, non-commercial use only and you represent and warrant that you are not using the Service on behalf of any third person or entity.

Privacy and your Personal Information

4. For information about Butterflysaves.com’s privacy and data protection practices, please read Butterflysaves.com’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Butterflysaves.com treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

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 support@butterflysaves.com.

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.

9. Butterflysaves.com may periodically offer monetary bonuses or other rewards for sign-up in the Service, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from these Terms of Use.

Account Information from Third Party Sites

10. 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.

11. 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

12. 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”).

13. In connection with Butterflysaves.com offers, the Service will provide links to other web sites belonging to Butterflysaves.com advertisers and other third parties. Butterflysaves.com does not endorse, warrant or guarantee the products or services available through the butterflysaves.com offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Butterflysaves.com is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Butterflysaves.com does not guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party in our Service are actually the terms that may be offered to you if you pursue the offer or that they are the best prices, terms or lowest rates available in the market. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Butterflysaves.com is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

14. 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.

15. 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.”

16. 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

17. 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.

18. 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

19. 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.”

20. 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.

21. If you become aware of any unauthorized use of your Registration Information, you agree to notify Butterflysaves.com immediately.

Your Use of the Service

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

License and Restrictions

29. The proprietary software associated with the Service’s browser extension (including any enhancements or modifications and any related documentation) (the “Software”) is a copyrighted work. Subject to your compliance with these Terms of Use, and in consideration of your promises reflected in these Terms, Butterflysaves.com grants you a personal, non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable, revocable license to download, install, and use the Software to and on computers controlled by you and to use the Software solely to use the Service as permitted under these Terms of Use. All rights not expressly granted to you by the foregoing sentence are reserved by butterflysaves.com. Without limiting the generality of the foregoing, you may not copy, modify, distribute, reverse engineer, decompile, or disassemble the Software or any other technology relating to the Service, except that you may make one copy of the Software for back-up purposes. You may not use the Software for any commercial purpose other than shopping for or purchasing products in connection with the Service and as permitted hereunder, and you may not transfer, sell, assign, or convey it to another party without Butterflysaves.com’s prior written consent.

30. The Software you download consists of a package of components, which may include certain third-party software (“Third-Party Software””) provided under separate license terms (the “Third-Party Terms”), which can be found in the documentation for the Service or the applicable help, notices, about or source files. Your use of the Third-Party Software, if any, in conjunction with the Service in a manner consistent with these Terms of Use is permitted, however, you may have broader rights under the applicable Third-Party Terms and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third-Party Software.

31. Subject to your compliance with these Terms of Use, and in consideration of your promises reflected in these Terms of Use, Butterflysaves.com grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale, modification, or commercial use of the Service or any portion thereof and making any derivative works based upon or distributing or copying the Service, except as expressly permitted in these Terms of Use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Butterflysaves.com or our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of Butterflysaves.com or our affiliates without the express written consent of us. Any unauthorized use terminates the permission or license granted by Butterflysaves.com in this paragraph.

32. 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.

33. 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

34. 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.

35. 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.

36. 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.

37. 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.

38. 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

39. 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

40. 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

41. 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

42. 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.

43. 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

44. 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

45. 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

46. 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.

47. 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.

Modifications

48. 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

49. 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.

50. 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

51. 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.

52. 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.

Copyright Disputes

53. 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.

54. You may write to Butterflysaves.com’s designated agent for notice of copyright infringement at:

Fox Swibel Levin & Carroll

200 W. Madision Street, Suite 3000

Chicago, IL 60606

55. 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.

Miscellaneous

56. 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.

57. 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.

58. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Butterflysaves.com is owned and operated by Rewards21, Inc.