Terms of Use

TERMS OF USE

Lasted Updated [August 7, 2023]

ACCEPTANCE OF THE TERMS OF USE

Welcome to the Like Butter Babe website. This Terms of Use Agreement ("Agreement") constitutes a legally binding contract between Like Butter Babe, Inc., a California corporation ("Like Butter Babe," "we," "us," "our") and you with respect to your use of the Like Butter Babe website, Like Butter Babe applications for mobile devices, and the Information and Services (each as defined below) (collectively, the "Website"). It is important that you carefully read and understand the terms and conditions of this Agreement. The following terms and conditions, together with any documents they expressly incorporate by reference ([collectively,] "Terms of Use"), govern your access to and use of hello@likebutterbabe.com, including any content, functionality, and services offered on or through hello@likebutterbabe.com whether as a guest or a registered user]. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.

CHANGES TO THE TERMS OF USE

We reserve the right at any time, with or without cause, to:

  • change the terms and conditions of this Agreement;
    · change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
    · deny or terminate your use of and/or access to the Website.

Any changes we make will be effective immediately upon our making such changes available on the Website or otherwise providing notice thereof. You agree that your continued use of the Website after such changes constitutes your acceptance of such changes. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed on the Website) and agree to all such terms and conditions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

PERMITTED USE OF SERVICES AND INFORMATION

The services made available on, by or through the Website, which include or may include, without limitation, Like Butter Babe registration, marketplace for products and services, images, submissions, contests, promotions and involvement in Like Butter Babe events (collectively, the "Services" or singularly a “Service”), as well as any information provided on, by or through the Website or as part of, or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein. Without the written consent of Like Butter Babe, no Information or any other Like Butter Babe material or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.

You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Like Butter Babe promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Like Butter Babe or others.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

REGISTRATION

Access to certain functionalities of the Website may require you to register with and/or provide certain information to Like Butter Babe. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to Like Butter Babe, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete (c) keep your password confidential and be responsible for all use of your password and account, (d) not being a minor in the jurisdiction in which you reside; and your use of the Website does not violate any applicable laws or regulations. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Website, Services, and/or Information. You understand that any information you provide will be treated by Like Butter Babe in the manner described in our Privacy Policy.

 

USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.  Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

 

You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Like Butter Babe, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Monitoring and Enforcement; Termination: We have the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

However, we cannot/do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards: These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. https://www.likebutterbabe.com/pages/privacy-policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

THIRD-PARTY LINKS

The Website may contain links to other websites for your convenience. We do not control the linked websites, or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement.

OWNERSHIP

The Website is owned and operated by Like Butter Babe and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of by Like Butter Babe and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Like Butter Babe or, if so indicated in writing by Like Butter Babe, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of Like Butter Babe, Like Butter Babe licensors and suppliers, and/or others. Nothing contained in this Agreement, or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Like Butter Babe, Like Butter Babe licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in the following paragraph.

INACCURACY DISCLAIMER

The Website may at any time contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Like Butter Babe reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). While we make reasonable efforts to ensure the information provided on the Website is accurate, we make no warranties about the accuracy and reliability of the information, data, or content on the Website. The content on the Website is provided for informational purposes only. Like Butter Babe is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website.

ORDER ELIGIBILITY

To complete your purchase, you must have a valid billing and shipping address within the United States that can be selected for the billing and shipping addresses as part of the checkout process on the Website (the “Territory”). We make no promise that products or services available on the Website are appropriate or available for use in locations outside the Territory.  

PRODUCT AVAILABILITY, DISPLAY, AND SPECIFICATIONS

Details of the products and services available for purchase are set out on the Website. All features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy, or currency of any information on the Website. For example, products or services included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

We make reasonable efforts to publish information and display product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the product. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown.  While Like Buter Babe has tried to accurately display the colors of products, the actual colors you see will depend on the device you are using to view the product and may not be accurate.

All material and information presented by Like Butter Babe is intended to be used for personal, educational, or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported; if any, may not necessarily occur in all individuals. The statement on the Website and Products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses and Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor.

All products should be used strictly in accordance with their instructions, precautions, and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. The use of the Website is not meant to serve as a substitute for professional medical advise: the Website is solely an online store for specialty beauty products. Please consult with your own physician or healthcare practitioner regarding the use of any Products or information received from the Website before using or relying on them. Like Butter Babe does not represent itself as a physician nor is it implied. No prescription medications or medical treatments are intentionally provided on our Website.

PURCHASE RESTRICTIONS AND QUANTITY LIMITS

You may only purchase products and services for personal use by either yourself or your intended recipient of the products. The products and services are not authorized for resale.  We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

ORDER PROCESS; ERRORS

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we accept your order and our acceptance will be complete at the time we display or send the notice. We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.  Title and risk of loss in any goods you purchase pass to you when the shipping carrier receives the goods from Like Butter Babe.  Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Website or made in connection with your order, inaccuracies in product or pricing information or product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain product or service may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

Price

Prices shown on the Website exclude all taxes and charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping cart is shown at the current price.  All prices on the Website are subject to change at any time without notice.  We do not collect taxes on merchandise shipped to a jurisdiction in which we do not have substantial nexus, in which case you will be liable to the appropriate taxing authority for any sales taxes relating to your purchase from the Website.

Payment

The Website gives you different payment options. We reserve the right to change our payment options at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment to us or our vendors, you represent to us that (i) you are the authorized user of the credit card that is used to pay for the products and services, (ii) the credit card information you supply to us is true, correct and complete, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. 

In the event legal action is necessary to collect balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order.

Returns

OUR RETURN + EXCHANGE POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW. FOR ADDITIONAL INFORMATION ON OUR RETURN PROCESS AND POLICY, PLEASE VISIT OUR RETURN + EXCHANGE POLICY.

 

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content, including its products, is/are accessible or appropriate for use in jurisdictions outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable.

NO USE BY CHILDREN UNDER 13

You hereby affirm that you are over the age of 13, as this Website is not intended for children under 13. If you are under 13 years of age, then you may not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

TERM & TERMINATION

This Agreement is effective from the date that you first access the Website or submit any information to Like Butter Babe, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Like Butter Babe may immediately terminate this Agreement, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Like Butter Babe rights of ownership shall survive any termination.

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Like Butter Babe to maintain and support the Website, or any part or portion thereof, during the term of this Agreement.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS 

Like Butter Babe, Inc. is offering a mobile messaging program (“Like Butter Babe Program” or “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy.  By opting in to or participating in the Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Like Butter Babe Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and us in other contexts.  

User Opt-In: the Like Butter Babe Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilize to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Like Butter Babe Program, you agree to receive automatic telephone dialing system (“ATDS” or “Auto Dialer”) messages or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us.  While you consent to receive messages sent using an Auto Dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an Auto Dialer. Message and data rates may apply.

User Opt-Out:  If you do not wish to continue participating in the Like Butter Babe Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Like Butter Babe Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.  

Program Description: Without limiting the scope of the Like Butter Babe Program, users that opt into the Like Butter Babe Program can expect to receive messages concerning the marketing and sale of Like Butter Babe products. If you have opted in, you may receive the Service promotions, specials, and other marketing offers (i.e., cart reminders) from Like Butter Babe via text messages through your wireless provider to the mobile number you provided. You will receive marketing and promotional messages including cart reminders. If you opt into “Updates” messages, you will receive order updates, account alerts, and other account-related information. Both services will be sent from Like Butter Babe via text messages through your wireless provider to the mobile number you provided. 

Privacy Policy: We respect your right to privacy, and to see how we collect and use your personal information, please see our Privacy Policy notice: https://www.likebutterbabe.com/pages/privacy-policy.

Cost and Frequency: Message and data rates may apply. Message frequency varies. 

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@likebutterbabe.com.  Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.  

MMS Disclosure: The Like Butter Babe Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.  

Our Disclaimer of Warranty: The Like Butter Babe Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Like Butter Babe Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. 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. If you get a new mobile number, you will need to sign up for the program with your new number. 

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. 

GENERAL TERMS AND CONDITIONS

Disclaimers

The Website and all Services are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this Website, that such use at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Website, and that Like Butter Babe shall not be liable for any damages of any kind related to your use of this Website.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER LIKE BUTTER BABE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER LIKE BUTTER BABE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES.

Indemnification

You agree to fully indemnify, defend, and hold Like Butter Babe our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.

Jurisdictional Issues

Like Butter Babe makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Notice for California Users

The following information is provided pursuant to California Civil Code Section 1789.3:

  • Name, address, and telephone number of provider of Services: Like Butter Babe, Inc.,35 Miller Ave., #511, Mill Valley, CA 94941. 415-483-0382.
  • For support of complaints, email us at: hello@likebutterbabe.com;
  • The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Dispute Resolution/Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. Venue will lie exclusively in Los Angeles, California. For the sake of clarity, nothing in this paragraph shall affect Like Butter Babe’s ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

 

MISCELLANEOUS

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.

This Agreement may not be changed, waived or modified except by Like Butter Babe as provided herein or otherwise by written instrument signed by Like Butter Babe.

Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Like Butter Babes prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Like Butter Babe may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.