Operation Grow, llc d.b.a. butter –
TERMS AND CONDITIONS:
EFFECTIVE: March 1, 2022
Operation Grow, llc. dba butter (hereinafter referred to as butter) offers this website to allow you to shop for lifestyle merchandise and other products online, to locate butter’s products and retail locations, and to provide information about our company, our processes, our programs, and our offerings. By using this website, you agree to these terms and conditions. This website is intended only for the use of persons eighteen (18) with a cannabis medical card or twenty-one (21) years of age or older. butter reserves the right to modify or update these terms and conditions at any time at our sole discretion. Please be sure you have read and agree to our current terms and conditions.
Trademarks. butter is the owner of specific trademarks, logos, illustrations, and packaging designs, all of which represent our company, our intellectual property, our values, and our interests in providing outstanding cannabis products and other related products. We own several trademarks and registered marks, logos, trade dress, and/or service marks that are identified by the “TM” or “R” notation. These include our butter name, our “butter stick” design which incorporates that name in the design, our “let’s build a butter world”, among others. You may refer to butter’s trademarks in a manner that is not intentionally misleading and clearly acknowledges butter’s rights and ownership of these marks, names, and strains. By using this website, you acknowledge our ownership of our trademarks, names, and formulas, and agree not to challenge those rights. You may not use any of butter’s trademarks, logos, trade dress, and/or service marks in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that butter is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our trademarks and our brand. Our website or blog postings may include references to trademarks that belong to other parties. These trademarks are the property of their respective owners, which may or may not be affiliated with butter in any way. As such, we do not authorize you to use any third party’s trademarks.
Copyright. As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited non-sub-licensable revocable license to use our website for your personal and non-commercial use only. You may not copy, distribute, perform or display publicly, prepare derivative works based on, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect proprietary data, account information, or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
Accuracy of Information. We attempt to be as accurate as possible. However, we do not warrant that all product descriptions, photographs, pricing, or other information on the Site is current, complete, accurate, and/or error-free. All weights and size dimensions are approximate. All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice, at our sole discretion. butter makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We may make changes in information about price and availability at any time without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise at one of our retail locations, or as sold in one of our wholesale client locations. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund. In the event a product is listed at an incorrect price, or with incorrect information due to typographical error in editing or updating the Site, or error in pricing or product information received from our suppliers, butter shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. butter shall have the right to refuse or cancel any such orders, whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase, and your order is canceled, butter shall immediately issue a credit to your credit card account in the amount of the charge.
User Accounts. Users of this website eighteen (18) years of age with a medical card or twenty-one (21) and older may register for an account to purchase products. If you are under eighteen (18) with a medical card or twenty-one (21) years of age, you may not register for access to an account. When you register for an account, you hereby represent that:
- You meet the minimum age requirements posted on the website;
- The information you provide is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete;
- You will be responsible for all activities and transactions that take place, and all materials posted by you or anyone using your account;
- You will be solely responsible for maintaining the secrecy and security of your account, and your password, and for restricting access to your computer.
We reserve the right to terminate any user account or cancel product orders at our sole discretion. Users eighteen (18) with a medical card or twenty-one (21) years of age and older may also sign up to receive our newsletter publications or promotional emails from us. When you ask to be placed on our email or newsletter list, you hereby confirm that you are over eighteen (18) with a medical card or twenty-one (21) years of age, and that you wish to receive promotional emails from us. If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email sent to you by us to unsubscribe.
Reviews and Other Submissions. Occasionally, we may elect to provide samples of our products, or merchandise, or other incentives to bloggers who post reviews that may appear on our website. We require bloggers who post reviews of our products to disclose the nature of any product sample or incentive we have provided in all such posts. When you submit material to us (including comments, photographs, and other content) such as through our website, by email, or through social media, you (a) acknowledge that you have read and agree to these terms and conditions; (b) grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including the unlimited right to sublicense to others) right to use, copy, publically perform, display, distribute and create derivative works from any content or material you submit; (c) represent that you own all rights, title and interest in and to that material; and (d) agree that we may publish all material, including but not limited to material that may contain indicia of your personal identity, or that of others. You may not submit content to the Site or use it in any manner that:
- Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
- Is libelous or slanderous;
- Is intended to cause commercial harm to us or to benefit a third party at our expense;
- Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
- Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
- Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
- Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
- Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
- Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- Transmits or disseminates any kind of material that contains viruses, bots, worms, warez servers, or any other computer code, files, or programs that interrupts, destroys, or limits the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupts the normal execution of communications, interferes with or interrupts the services provided on this website, or otherwise permits the unauthorized use of or access to a computer or a computer network; or
- Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at any time and at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Third Party Links. From time to time, this Site may contain links to websites that are not owned, operated or controlled by butter or its affiliates or assigns. All such links are provided solely as a convenience to you. If you use these links, you will leave the butter Site. Neither we, nor any of our respective affiliates, are responsible for any content, materials, or other information located on or accessible from any other website(s). Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Site, you do so entirely at your own risk.
Copyright Claim Policy. We do not permit anyone to post materials on our website that infringe upon the copyrights of others. If you believe any content on our website infringes upon your rights, or if you are acting with consent on behalf of someone who does, please send us notice through our Copyright Infringement Claims Procedure (see below).
DISPUTE RESOLUTION & ARBITRATION AGREEMENT ("Arbitration Agreement"):
Scope of the Arbitration Agreement. Considering the potentially high cost of legal disputes, both you and butter agree that any legal dispute between you and butter concerning or arising in any way out of a purchase from this website, your enrollment and/or participation any rewards, special offers, correspondence, or other program or communications between you and butter, or your participation in any other program or service provided by butter shall be resolved through binding individual arbitration, unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or butter may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and butter, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Informal Dispute Resolution. Either party asserting a dispute shall first try, in good faith, to resolve the dispute by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation), and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to butter 2222 West Eleven Mile Rd. Berkley, MI 48072; or (2) to you at the postal address on file with butter, or as provided in your customer profile. Both you and butter agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you; (a) make a purchase from this website; or (b) sign-up for any program or service provided by butter. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to butter at email@example.com, or by standard US Mail to butter, 2222 West Eleven Mile Rd., Berkley, MI 48072. You should include your printed name, mailing address, and the words “Reject Arbitration” in your correspondence.
How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and butter agree otherwise, any arbitration hearing shall take place in the county of your residence (as determined by your billing address on file with butter). If you live outside the United States, any arbitration will take place in Berkley, MI. butter will pay all filing, administrative, arbitrator, and hearing costs, and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you, and shall not affect any other customer. You and butter also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities, and in so doing you and butter hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit, or private attorney general arbitration, and any joint or consolidated lawsuit, or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the laws of the State of Michigan will govern. butter will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Severability. If any provision of these terms and conditions is found to be illegal or unenforceable, the remaining provisions of these terms and conditions shall be unaffected and shall continue to be fully valid, binding, and enforceable.
Feedback. We welcome your feedback, suggestions, and other communications regarding our website and the information, products, and services made available through our website. Feedback may be provided through our website, social media forums, email, mail, surveys, verbal communications, or other means. By providing such feedback you understand and acknowledge that:
- Any feedback you provide is the exclusive property of butter;
- We may use your feedback in any lawful manner we deem appropriate without notice, permission, or compensation; and
- You have assigned to but all worldwide rights, title, interests, copyrights, and other intellectual property rights in, to and from your feedback.
You should only provide feedback that you wish for us to use accordingly.
Copyright Infringement Claims Procedure. We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
- Notice to Designated Agent. If you claim ownership of copyright in material posted on our website, and you believe that posting it infringes your copyright, or if you are authorized to act on behalf of a person who makes such a claim, you may send us notice of your claim by filling out and submitting this form or you may send an email or regular mail to the following:
2222 West Eleven Mile Rd.
Berkley, MI 48072
- Notice Requirements.To be sure we are able to address your claim, you must include the following information in your notice:
- Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorized to act on the copyright owner’s behalf;
- Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
- Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
- Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
- Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorized by the copyright owner, its agent, or the law.
- Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply substantially with these notice requirements, you may experience delay while we seek supplemental information. In the event we are unable to obtain supplemental information that substantially complies with these requirements, we may deny your request to remove or disable the material.
- Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove, or disable access to, the material.
- Counter Notification. After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:
- A physical or electronic signature of the user providing the counter notification.
- Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
- A statement by the user that "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- The user's full name, address, telephone number, and user name.
- If the user's address is located within the United States, the following statement: "I consent to the jurisdiction of the Federal District Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
- If the user's address is not located within the United States, the following statement: "I consent to the jurisdiction of the Federal District Court for any judicial district in which butter may be found, and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
- Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above, we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.
- Repeat Infringers. Posting infringing materials is a violation of our website's terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.
- Misrepresentations. The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.