Terms and Conditions

Butera Finer Foods, Inc and its affiliates (collectively, “Butera”) provides all information on this Web Site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Web Site”) exclusively under the following Terms and Conditions and all applicable laws:

OWNERSHIP, LICENSE & RESTRICTIONS ON USE

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belongs to Butera. In addition, the names, images, pictures, logos and icons identifying Butera’s products and services are proprietary marks of Butera and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

You are hereby granted a non-exclusive, non-transferable, limited license to view this Web Site, and to download and/or print insignificant portions of materials retrieved from this Web Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Web Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Butera.

Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.

LINKS TO THIRD PARTY Web Sites

Butera may provide links to third party Web Sites for your convenience. Butera does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party Web Sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party Web Site and confirm they are acceptable prior to registration on or use of the Web Site. Links to third party Web Sites do not imply endorsement of the Web Sites by Butera.

DISCLAIMERS

This Web Site is PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND BUTERA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUTERA DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEB SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.

Butera disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Web Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party Web Sites or content therein directly or indirectly accessed through links in this Web Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Web Site or any portion thereof, (d) your use of this Web Site, or (e) your use of any equipment or software in connection with this Web Site.

LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS Web Site, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Butera, its affiliates, and any officer, director, employee, subcontractor, agent, or successor of any of them.

PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES

This Web Site may contain references or cross references to Butera products and services that are not available in every state or country.

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Web Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Illinois, and jurisdiction therefore shall rest solely in Illinois, USA.

CHANGES TO Web Site AND THESE TERMS AND CONDITIONS

This Web Site and these Terms and Conditions may be changed by Butera with or without notice. Please review this link on a regular basis for changes. Continued use of this Web Site following any change constitutes your acceptance of the change.

ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on this Web Site and constitute the entire agreement with respect to your access to and use of this Web Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

COMMUNICATIONS

Any communication or other information sent to Butera via electronic mail or otherwise in connection with your use of this Web Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Butera for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Butera.

LINKS TO Butera WEB PAGES

Butera permits links to this Web Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Web Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give Butera notice of all such links by sending an e-mail to Butera Market, and (d) you discontinue providing links to this Web Site if notified by Butera.

Message Board, Blogs, & Sharing

Butera may, now or in the future, allow users to post, upload, transmit through, or otherwise make available on the Web Site (collectively, “submit”) messages, receipts, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials (“User Content”). Butera is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Butera does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Butera be liable for any loss or damage caused by reliance on the Web Site, User Content or information or materials obtained through User Content.

You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express permission. You are solely liable for any damages resulting from your failure to obtain consent.

You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that gives use to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

User Content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing Your information. You should use discretion when communicating with others or disclosing personal information. Butera has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information available you do so at your own risk.

By submitting User Content, you automatically grant Butera a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Butera deems appropriate including, but not limited to, in connection with Butera’s, or its subsidiaries’ or affiliates’, business. Butera has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue the ability to submit User Content in our own discretion.
The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Web Site including User Content.

Submittals (including Contests)

Pictures, Audio, Video and other materials submitted to Butera may be used in other advertising materials such as our weekly flyers, posters, mailers and, of course, on our website. All materials are subject to modification (cropping, color adjustment, sizing, cutting, tuning, and other changes) without notification. You understand that Butera may use any submissions without notification or compensation on any communication either internal or external. You agree that you are over the age of majority in your geographical region and if not, you have your parents or guardians permission to participate. Any winnings or prizes may be voided if these conditions are not met and Butera is not obligated to provide any gift, prize, winnings to any person or persons.

Any intentional or incidental expenses for hotel or travel accommodations provided by Butera or its partners are the sole responsibility of the contest or sweepstakes winner(s).

I hereby grant to Butera, its successors and assigns and those acting under its permission to copyright and/or use and/or publish the undersigned’s name and/or likeness, whether alone or in conjunction with each other and/or with photographic pictures, other photographs, or a reproduction thereof in color or otherwise, together with any statements, speaking parts, images, audio, endorsements and testimonials of any kind of nature, made through any other media at their studios or elsewhere for the artwork, advertising, publicity, trade or any other lawful purpose whatsoever.

I hereby waive any right that I may have to inspect and/or approve the finished product or advertising copy that may be used in connection therewith or the use to which it may be applied. Also, I waive rights to future residuals and compensation.

I hereby release, discharge, and agree to save harmless Butera, its successors and assigns and all persons acting under its permission or authority or those for whom it is acting, from any and all claims or liability for damage, libel, slander, invasion of the right of privacy, or any other liability by virtue of blurring, distortion, alteration, optical illusion, or use in composite form whether intentionally or otherwise, that may occur or be produced in the taking of said picture.

I HEREBY WARRANT THAT I HAVE NOT COPIED ANY MATERIALS SUBMITTED TO BUTERA FROM ANOTHER PERSON AND DO NOT BELIEVE THAT ANY SUCH MATERIALS VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANOTHER PERSON.

I hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release, prior to its execution, and that I am fully familiar with the contents thereof.

Winners have one week to claim prizes before forfeiture. Prizes will be awarded to a backup or alternate at Butera’s discretion.

Prizes delivered to a store location for pickup have two weeks to be picked up with before forfeiture and return to corporate. Fortified prizes will be awarded to a backup or alternate at Butera’s discretion.

IF YOU DO NOT AGREE …

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY LEAVE THIS WEB SITE.

Effective 09/24/2017