End-User License Agreement ("Agreement") Last updated: January 5, 2023
Please read this End-User License Agreement carefully before clicking the "I Agree"
button, downloading or using the butter app or any digital mediums.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless
of whether they appear in singular or in plural.
For the purposes of this End-User License Agreement:
* Agreement means this End-User License Agreement that forms the entire agreement
between You and the Company regarding the use of the Application.
* Application means the software program provided by the Company downloaded by
You through an Application Store's account to a Device, named butter
* Application Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the
Application has been downloaded to your Device.
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement)
refers to Operation Grow, LLC dba butter - 13631 W Eleven Mile Rd. Oak Park.
* Content refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of the form
of that content. * Country refers to: Delaware, United States
* Device means any device that can access the Application such as a computer, a
cellphone or a digital tablet.
* Family Sharing / Family Group permits You to share applications downloaded through
the Application Store with other family members by allowing them to view and download
each others' eligible Applications to their associated Devices.
* Third-Party Services means any services or content (including data, information,
applications and other products services) provided by a third-party that may be
displayed, included or made available by the Application.
* You means the individual accessing or using the Application or the company, or other
legal entity on behalf of which such individual is accessing or using the Application, as
By clicking the "I Agree" button, downloading or using the Application, You are agreeing
to be bound by the terms and conditions of this Agreement. If You do not agree to the
terms of this Agreement, do not click on the "I Agree" button, do not download or do not
use the Application.
This Agreement is a legal document between You and the Company and it governs
your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application
Store. Therefore, the Company is solely responsible for the Application and its content.
Although the Application Store is not a party to this Agreement, it has the right to
enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family
Sharing / Family Group or volume purchasing, the use of the Application by those users
is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in
accordance with the terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license
to download, install and use the Application strictly in accordance with the terms of this
You may only use the Application on a Device that You own or control and as permitted
by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-
commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and You will not permit others to:
* License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Application or make the Application available to any
* Copy or use the Application for any purpose other than as permitted under the above
* Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
* Remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of the Company or its affiliates, partners, suppliers or the licensors of the
The Company is not responsible for the entries, information or content of the
Application's users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your account, whether
done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to
disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.
Examples of such objectionable Content include, but are not limited to, the following:
* Unlawful or promoting unlawful activity.
* Defamatory, discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
* Spam, machine generated content or randomly generated content, constituting
unauthorized or unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
* Containing or installing any viruses, worms, malware, trojan horses, or other content
that is designed or intended to disrupt, damage, or limit the functioning of any software,
hardware or telecommunications equipment or to damage or obtain unauthorized
access to any data or other information of a third person.
* Infringing on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
* Impersonating any person or entity including the Company and its employees or
* Violating the privacy of any third person.
* False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion,
determine whether or not any Content is appropriate and complies with this Agreement,
refuse or remove any Content. The Company further reserves the right to make
formatting and edits and change the manner any Content. The Company can also limit
or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the
Application, you agree to use the Application at your own risk. You understand that by
using the Application You may be exposed to content that You may find offensive,
indecent, incorrect or objectionable, and You agree that under no circumstances will the
Company be liable in any way for any content, including any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of your use of any
The Application, including without limitation all copyrights, patents, trademarks, trade
secrets and other intellectual property rights are, and shall remain, the sole and
exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any
third-party claim arising out of or relating to the Application. To the extend the Company
is required to provide indemnification by applicable law, the Company, not the
Application Store, shall be solely responsible for the investigation, defense, settlement,
and discharge of any claim that the Application or your use of it infringes any third-party
intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to the
Company with respect to the Application shall remain the sole and exclusive property of
The Company shall be free to use, copy, modify, publish, or redistribute the
Suggestions for any purpose and in any way without any credit or any compensation to
Modifications to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or without notice
and without liability to You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application.
You agree that the Company has no obligation to (i) provide any Updates, or (ii)
continue to provide or enable any particular features and/or functionalities of the
Application to You.
You further agree that all updates or any other modifications will be (i) deemed to
constitute an integral part of the Application, and (ii) subject to the terms and conditions
of this Agreement.
Maintenance and Support
The Company does not provide any maintenance or support for the download and use
of the Application. To the extent that any maintenance or support is required by
applicable law, the Company, not the Application Store, shall be obligated to furnish any
such maintenance or support.
The Application may display, include or make available third-party content (including
data, information, applications and other products services) or provide links to third-
party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-
party Services, including their accuracy, completeness, timeliness, validity, copyright
compliance, legality, decency, quality or any other aspect thereof. The Company does
not assume and shall not have any liability or responsibility to You or any other person
or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the
Application. Third-party Services and links thereto are provided solely as a convenience
to You and You access and use them entirely at your own risk and subject to such third
parties' Terms and conditions.
The Company collects, stores, maintains, and shares information about You in
By accepting this Agreement, You acknowledge that You hereby agree and consent to
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The
Company may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in
the event that you fail to comply with any provision of this Agreement. You may also
terminate this Agreement by deleting the Application and all copies thereof from your
Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and
delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at
law or in equity in case of breach by You (during the term of this Agreement) of any of
your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates,
demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of
the Application; (b) violation of this Agreement or any law or regulation; or (c) violation
of any right of a third party.
officers, employees, agents, partners and licensors (if any) harmless from any claim or
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Application, including all
implied warranties of merchantability, fitness for a particular purpose, title and non-
infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the
Application will meet your requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Application, or the information, content, and materials or
products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii)
as to the accuracy, reliability, or currency of any information or content provided through
the Application; or (iv) that the Application, its servers, the content, or e-mails sent from
or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and
limitations may not apply to You. But in such a case the exclusions and limitations set
forth in this section shall be applied to the greatest extent enforceable under applicable
law. To the extent any warranty exists under law that cannot be disclaimed, the
Company, not the Application Store, shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Agreement and your exclusive
remedy for all of the foregoing shall be limited to the amount actually paid by You for the
Application or through the Application or 100 USD if You haven't purchased anything
through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the Application, third-party
software and/or third-party hardware used with the Application, or otherwise in
connection with any provision of this Agreement), even if the Company or any supplier
has been advised of the possibility of such damages and even if the remedy fails of its
Some states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and
affiliates, and its licensors shall not be liable to You under any theory of liability for any
direct, indirect, incidental, special consequential or exemplary damages that may be
incurred by You, including any loss of data, whether or not the Application Store or its
representatives have been advised of or should have been aware of the possibility of
any such losses arising.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will continue
in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not effect a party's ability to exercise such right or
require such performance at any time thereafter nor shall be the waiver of a breach
constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Application. To the extent
You have any claim arising from or relating to your use of the Application, the Company,
not the Application Store, is responsible for addressing any such claims, which may
include, but not limited to: (i) any product liability claims; (ii) any claim that the
Application fails to conform to any applicable legal or regulatory requirement; and (iii)
any claim arising under consumer protection, or similar legislation.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this
Agreement at any time. If a revision is material we will provide at least 30 days' notice
prior to any new terms taking effect. What constitutes a material change will be
determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You
agree to be bound by the revised terms. If You do not agree to the new terms, You are
no longer authorized to use the Application.
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement
and your use of the Application. Your use of the Application may also be subject to
other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company
regarding your use of the Application and supersedes all prior and contemporaneous
written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or
purchase other Company's services, which the Company will provide to You at the time
of such use or purchase.
If you have any questions about this Agreement, You can contact Us: * By email: email@example.com
* By visiting this page on our website: < https://butterworld.com/find-butter/butter-partners/ >