By accessing, browsing or using the Services, submitting your information through the Services, or communicating with us through the Services, you consent to receive communications from us by e-mail or Site notices. Any communications provided to you electronically satisfy any legal requirement that such communication be in writing.
Mobile Message Service Terms and Conditions
The Butterfly Box mobile message service (the "Service") is operated by Butterfly Box Boutique (“ Butterfly Box Boutique ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides: updates, alerts, and information (e.g., order updates, account alerts, etc.), promotions, specials, and other marketing offer from Butterfly Box via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 493-0552. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Butterfly Box mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 493-0552 or email firstname.lastname@example.org.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Registration and Passwords
The Subscription Contract Between You and Us
(a) Subscriptions. Butterfly Box offers three subscription types: renewable and non-renewable monthly subscriptions (“Monthly Subscriptions”); prepaid and renewable three (3) and (12) month subscriptions (“Interval Subscriptions”); and prepaid gift subscriptions requiring a three (3) month minimum (“Gift Subscriptions”). Subscription renewal charges are made approximately 1-2 days prior to shipment of the product, and any cancellation of a subscription must be made at least 24 hours prior to such renewal charge.
Monthly Subscriptions: By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate.
To cancel your Monthly Subscription at any time, you must (i) logon to your account here and follow the cancellation procedures or (ii) email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Butterfly Box may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have changed to a different subscription, terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Butterfly Box reasonably could act.
If you do not wish your Monthly Subscription to auto-renew, you may cancel your subscription in your Account prior to the end of your current subscription term. You may also send us an email at email@example.com from the email account to which your Account is associated and request us to disable the auto-renew of your Monthly Subscription.
Interval Subscriptions: By purchasing an Interval Subscription, you acknowledge that your subscription has an initial pre-payment feature for the then-current term. At the end of the then-current term, your subscription will be automatically extended for another identical term at the then-current subscription rate.
To cancel your Interval Subscription, you may only do so prior to the beginning of the subsequent term. To cancel via your account, i) logon to your account here and follow the cancellation procedures or (ii) email us and we will do it for you.
If you do not wish your interval subscription to auto-renew, you may cancel in your Account prior to the end of the current subscription term. Alternatively, you may also send us an email at firstname.lastname@example.org from the email account to which your Account is associated and request us to disable the auto-renew of your Interval Subscription.
Gift Subscriptions: For Gift Subscriptions, a three (3) month minimum is required and the subscription will not be renewed after the then-current term expires.
You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
(c) Credit or Debit Card Temporary Authorizations. Butterfly Box reserves the right to execute an authorization or temporary charge on your Payment Method to up to One Dollar ($1.00) to verify that your Payment Method is valid and that the information you provide to Butterfly Box is correct (the “Temporary Authorization”). The Temporary Authorization will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your Payment Method provider’s rules). If you experienced trouble enrolling with Butterfly Box, you may see multiple Temporary Authorizations. These Temporary Authorizations will expire in accordance with your Payment Method provider’s rules.
Product Information; Limitation on Quantities
Excluding any content that may be submitted by members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
Images of people, places or products posted on this Site are either the property of Butterfly BOx, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Butterfly Box or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Butterfly Box and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us.
Digital Millennium Copyright Act
Butterfly Box expects all users to respect the intellectual property rights of others. If you believe a work protected by a U.S. copyright that you or another owns has been posted on these Services without authorization, you may notify us with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- identification of works or materials being infringed;
- identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- your contact information, including address, telephone number and, if available, e-mail address;
- a statement that you have a valid belief that the material is not authorized by the copyright owner, its agent, or the law; and
- a statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Return and Exchange Policy
Butterfly Box gladly accepts returns of unworn, unwashed, undamaged or defective merchandise purchased online, for delivery that shipped to a U.S. address for a full refund or exchange within 60 days of original purchase. Refunds will be made in the form of the original payment, unless we agree to credit a different payment type. Returns Ship Your Return
You may send the item back to us at the address below using any other traceable method, at your expense:
Attn: Butterfly Box Returns
387 Magnolia Ave. Suite 103-235
Corona, CA 92879
Shipping to the United States
We ship to all 50 states; Washington, DC; U.S. P.O. Boxes; U.S. territories; and APO/FPO/DPO addresses. The shipping methods offered during checkout may differ based on your specific shipping address and the items selected. Shipping and handling charges are per shipping address. Orders that qualify for free shipping and handling will receive free shipping and handling for all U.S. addresses. Our flat-rate shipping and handling fees apply regardless of order size or weight. In some cases, the flat-rate charge may exceed actual shipping costs.
Taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is shipped. The terms contained herein are subject to change, as the taxation of online transactions is continually evolving. Butterfly Box strives to comply with state and local tax laws as they exist currently, and continues to monitor and update its taxation policies as those laws change.
Changes to the Services; Disclosure
Linking to the Services
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent
Links to Other Sites
If the Site contains links to other Sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER BUTTERFLY BOX, NOR ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (“RELEASED PARTIES”), NOR ANY PERSON ASSOCIATED WITH BUTTERFLY BOX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BUTTERFLY BOX NOR ANYONE ASSOCIATED WITH BUTTERFLY BOX REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
EACH OF THE RELEASED PARTIES DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE FOR LOSSES, EXPENSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, AND HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESLOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
You agree to bring any and all claims or actions relating to the use of the Services within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action then you agree that the statute of limitations would be exceeded and the claim will be barred.
If a dispute arises between you and any Released Party, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.
An arbitrator may not award relief in excess of or contrary to what the Agreement provides, including Section 17 Limitation on Liability, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual economic damages, except that the arbitrator may award on an individual basis damages expressly required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor the Released Party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
- Arbitration Fees. All administrative fees and expenses of arbitration will be divided equally between you and the applicable Released Party, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
- Location The arbitration will take place in your hometown area if you so notify Butterfly Box in your notice of arbitration or within five (5) days following receipt of a Released Party’s arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Riverside County, California unless the parties agree to video, phone or Internet connection appearances.
- f. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND EACH RELEASED PARTY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN SUCH RELEASED PARTY AND YOU INDIVIDUALLY. YOU AND EACH RELEASED PARTY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
- Exceptions to Negotiations and Arbitration. You and the Released Parties agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Butterfly Box’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, each party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.
- Severability.You and Butterfly Box agree that if any portion this "Dispute Resolution" section is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and each Released Party agree (i) that all Claims will be exclusively decided either the courts of the State of California situated in the County of Riverside or in the United States District Court for the District of California, and you and Butterfly Box agree to submit to the personal jurisdiction of those courts, and (ii) that you and Butterfly Box both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Services, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.
Governing Law, Jurisdiction and Venue
Recovery of Fees
We control and operate the Services from the United States. We make no representation that materials on the Services are appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss
Any merchandise purchased from our Services will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Waiver and Severability