TERMS OF SERVICE

TERMS OF SERVICE

AGREEMENT TO OUR LEGAL TERMS

Last Updated:  March 29, 2024

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “user”, “your”), and Butterbucks Company LLC (“Company,” “we,” “us”, “our”, “Butterbucks”) concerning your access to this website https://www.butterbucks.com (“Site”). You agree that by accessing, browsing, using, and/or purchasing products from this Site (“Services”), you have read, understood, and agreed to comply with and be legally bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING, BROWSING AND/OR USING THE SITE AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Site from time to time are posted for your reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes and/or clarifications in any revised Legal Terms by your continued use of the Services. We are under no obligation to update at any given time any outdated material that may be on our site. We reserve the right to change the content, refuse service to anyone for any reason at any time and if necessary, suspend website access or close our website indefinitely at any given time without notification. The date at the top of our Terms of Service policy indicates when it was last updated.

The Services are intended for users who are at least 18 years old or older. Persons under the age of 18 are not permitted to use or register for the Services.

We do not knowingly collect, solicit data from, or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records as quickly as possible. 

1. OUR SERVICES 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative/risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it, including the trademarks, service marks, and logos contained therein (“the Content”).

Our Content is protected by copyright, trademark, and/or other intellectual property rights and laws of the United States and other countries. All such rights are reserved.

Your use of our Services 

Subject to your compliance with the Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

·  access the Services; and

·  download or print a copy of any portion of the Content to which you have properly gained access.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services or, Content, other than as set out in this section or elsewhere in our Legal Terms, please address your request to: store@butterbucks.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services or, Content, and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content., 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. 

Submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you submit any content through the Services.

By directly sending us any question, comment, suggestion, idea, feedback, pictures, images, or other information about the Services (“Submissions”), you shall, grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: host, use, copy, reproduce, disclose, distribute, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, (in whole or in part), and exploit your Submissions (including , without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Submissions, and to sublicense the rights granted in this section. The license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. 

You are responsible for your Submissions

By sending us Submissions through any part of the Services, you:

· Confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not send, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading:

· To the extent permissible by applicable law, waive any and all moral rights to any such Submission;

· Warrant that any such Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and 

· Warrant and represent that your Submissions do not constitute confidential information.

We are not liable for any statements or representations in your Submissions provided by you. You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

Intellectual Property Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, trademark, or other intellectual property right you own or control, please immediately notify us using the contact information provided below (a “Notification”).

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. USER REGISTRATION 

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. 

5. PRODUCTS / SALES TAX / SHIPPING

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 

Butterbucks charges sales tax for merchandise ordered on this “Site” based on the applicable state sales tax rate and the location to which the order is being shipped.

At, this time, Butterbucks ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. The risk of loss and title for all the merchandise ordered on this “Site” passes to you when the merchandise is delivered to the shipping carrier. Orders only ship on business days, which are Monday – Friday (not including holidays). Please see the Return Policy below, under When Placing an Order Online, for more shipping information.

Please Note: Butterbucks does not provide International Shipping Services.

If you on your own want to ship a package International: Customs and import duties, may be applied, to International packages when the shipment reaches its destination. Such charges are the responsibility of the recipient of your package and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping a package permits the shipment of your product(s).Butterbucks is not responsible for any direct, indirect, punitive, or consequential damages that arise from international shipping.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

§ Visa

§ Mastercard

§ American Express

§ Discover

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy below and at https://www.butterbucks.com/return prior to making any purchase.

Thank you for your purchase. We hope you are happy with your merchandise. However, if you are not completely satisfied with your purchase for any reason, you may return it to us for a full refund less any return shipping fees. At this time, exchanges are not allowed, and a new purchase will be required. Please see below for more information on our return policy.

WHEN PLACING AN ORDER ONLINE

When online orders are placed, please review your email address and shipping address during checkout and if there are any errors make appropriate corrections before submitting a purchase. Please provide an accurate, deliverable address for the (USPS) United States Postal Service within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands, and please provide an accurate, deliverable address for APO/FPO within the United States and U.S. territories, (we do not ship orders internationally). Orders only ship on business days, which are Monday – Friday (not including holidays). It may take 2 to 4 days for your order to be prepared for shipping after it’s been submitted. Once your package leaves our facility, the package is in the carrier’s hands and the risk of loss and title for all merchandise ordered on this web site passes to you. A tracking number will be populated when a product is shipped via USPS (United States Postal Service) Ground Advantage. Expedited shipping is not available at this time. Only USPS is used for shipping of all orders. We will not issue a refund for a lost package, damaged package, stolen, or packages that have the wrong address.

RETURNS

All returns must be postmarked within thirty (30) days of the invoice purchase date. All returned items must be unwashed, in new and unused condition, and with all original tags attached.

RETURN PROCESS

All returns require proof of purchase. We are not obligated to provide a refund without proof of purchase. Please retain a copy of the purchase receipt for your reference. Once the item(s) and proof of purchase have been repackaged securely in its original box or pouch packaging, if able, for ease of return (you are responsible for safely repacking the item(s) being returned) and you have removed any previous shipping labels, drop off your package with the correct carrier, your local USPS. We only use the USPS service for all returns. If you drop off your package with the wrong carrier, your package may be lost in transit. Please note, the buyer/customer will be responsible for all return labels and all return shipping fees or other materials necessary for returning an item(s). We strongly recommend that you use a trackable method to mail your return along with retaining any return shipping receipts until a refund is issued. 

ALL RETURNS MUST BE SENT TO:

Butterbucks Company LLC

Attn: Returns

PO Box 97

Sabinal, TX 78881

United States

REFUNDS

After receiving your returned product and inspecting the condition of your item(s), we will process your return, less any return shipping fees. We will refund the amount according to the original payment method. For a replacement item, a new order will be required. All items are subject to availability. We do not offer store credit or free shipping. Please allow at least fourteen (14) days from the receipt of your package to process your return credit. Butterbucks reserves the right to refund at our sole discretion. We reserve the right to change or update our refund policy without prior notification. It is your responsibility to periodically check for updates to our Return Policy in our Terms of Service.

EXCEPTIONS

Any product(s) that have been marked as “on sale”, marked as “final sale”, or marked “as is”, these item(s) will not be eligible for returns.

PLEASE NOTE

· Please take your package to your local USPS for all returns.

· Butterbucks does not provide International Shipping.

QUESTIONS / CONTACT US

If you have any questions concerning our return policy, please contact us at:

Butterbucks Company LLC

PO Box 97

Sabinal, TX 78881

store@butterbucks.com

830-279-5760 (CST)

9:00 am – 3:30 pm Monday - Friday

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

· Use any information obtained from the Services, in order to harass, abuse, or harm another person.

· Make improper use of our support services or submit false reports of abuse or misconduct.

· Use the Services in a manner inconsistent with any applicable laws or regulations.

· Engage in unauthorized framing of or linking to the Services.

· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, time-bombs or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Delete the copyright or other proprietary rights notice from any Content.

· Attempt to impersonate another user or person or use the username of another user.

· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

· Attempt to bypass any measures of the Service designed to prevent or restrict access to the Services, or any portion of the Services.

· Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

· Except as may be the result of standard search engine or Internal browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

· Use a buying agent or purchasing agent to make purchases on the Services.

· Make any unauthorized use of the Services, including collecting usernames and/or, email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

· Use the Services to advertise or offer to sell goods and services.

· Sell or otherwise transfer your profile.

9. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate, to maintain any comments in confidence, compensate or respond to any comments. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review. 

10. THIRD-PARTY WEBSITES AND CONTENT

The services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not evaluated, investigated, monitored, examined, or checked for accuracy, adequacy, validity, reliability, availability, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY MATERIALS OR WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. CAREFULLY REVIEW THE POLICIES, AND PRACTICES, OF ANY, THIRD PARTY LINK BEFORE YOU ENGAGE IN ANY TRANSACTIONS OR USE OF SERVICES, RESOURCES, CONTENT OR OTHER WITH ANY THIRD-PARTY WEBSITE. WE DO NOT ASSUME RESPONSIBILITY FOR PRIVACY PRACTICES OF OTHER SITES. QUESTIONS REGARDING THIRD-PARTY PRODUCTS CONCERNS, COMPLAINTS, OR CLAIMS SHOULD BE DIRECTED TO THE THIRD PARTY.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 

12. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.butterbucks.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

13. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times and do not guarantee that our site will be secure or free from bugs or viruses. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW 

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

16. DISPUTE RESOLUTION 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) Website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The parties must jointly select an arbitrator, with at least, five years of experience, and have knowledge and experience with the subject matter that is being disputed. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bexar County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bexar County, the State of Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. 

Any Dispute brought by either Party related in any way to the Services shall be commenced within one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of the court. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

17. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

18. DISCLAIMER 

THE SITE (“SERVICES”), INCLUDING BUT NOT LIMITED TO ALL SOFTWARE, ALL MATERIALS, INFORMATION AND FUNCTIONALITY ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE BASIS”. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, LOSS OF DATA OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OF SERVICES, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OFFICERS, AFFILIATES, AGENTS, SUPPLIERS, CONTRACTORS, INTERNS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, INJURY OR CLAIM OR ANY DIRECT, INDIRECT, CONSEQUENTIAL DAMAGES OF ANY KIND, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF SAVINGS, LOSS OF DATA, OR OTHER DAMAGES WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 OR THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, WHICHEVER IS GREATER. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCIDENTAL OR CONSEQUENTIAL. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. UNDER THIS AGREEMENT TO OUR LEGAL TERMS, THE LIABILITY OF ANY PARTY SHALL BE CUMULATIVE AND NOT PER INCIDENT. UNDER THIS AGREEMENT TO OUR LEGAL TERMS YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USE OF THE “SERVICES”.

20. WEBSITE DISCLAIMER

The information provided by Butterbucks the “Site” is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

21. INDEMNIFICATION 

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Submissions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purposes of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO, ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. 

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern the use of our Services or Site, superseding all prior or contemporaneous agreements, communications, and proposals, whether electronic, oral, or written, (including, but not limited to, any prior versions of the Terms of Service). Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate, to the fullest extent permissible by law. We may assign any, or all, of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

25. CONTACT US 

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Butterbucks Company LLC

PO Box 97

Sabinal, TX 78881

United States

store@butterbucks.com

830-279-5760 (CST)

9:00 am – 3:30 pm Monday – Friday 

Thank you for visiting our website.