www.ButterflyMarketing.com

Terms Of Service And END USER SOFTWARE LICENSE AGREEMENT

If you do not agree to the Terms of Use,
discontinue using the site immediately!

 

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT ITíS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED AND YOU WILL NOT BE CHARGED.

Subscription Cancellation Policy

You need to cancel your subscription only by going to our helpdesk at www.thecustomerhelpdesk.com or calling +1-631-615-4597. If you file a chargeback with your credit card, it does not gaurantee you a refund. Note, it may take 30 - 120 days just to get a respoinse back from your credit card and you may find out you do not get it back. Also note, that chargebcks do not cancel you from our sytsem and you will continiue to be billed again the following month. So do not tie up your fund for 4 months and continue to get billed. If all you want to do is cancel, just follow the instrucion above in this pargaraph. Also note, we will fight all chargebacks and we are accessed a $25 chargeback fee when you file. If we win the dispute, not only did you not get your money back, be we also charge you a $25 fee to your credit card for the charge back as well as a $250 charge for admistration fee. So why watse time and money. If you want to cancel, just call +1-631-615-4597 This call is automated and you do not even have to talk to a human.

License Grant

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime).

We hereby grant you a nonexclusive license to use one copy of the Software which access is on our server.

Title

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").

Reselling/Resale rights of course & scripts created, and trade secrets.

You do not have any resale rights to this course or software or  information. As stated below, the sites you create are for your own use and you may not use our software to creates sites for others, whether for free or paid unless you have express written permission from MikeFilsaime.com, Inc on a  per project basis. You may not create a script with this software to be sold as part of any product or service.

Any  trade secrets about Butterfly Marketing or the contents of the course or the function of the software can not be shared by you with anyone non paid person of Butterfly marketing whether free or paid to you. You may not create reports articles etc about this information and you may not speak on the topic for profit or free without express permission by MikeFilsaime.com , Inc.

You may purchase more than 1 course and you may sell the course to your students or likewise for only the full current market price. If you are to offer any discounts or raffle, you must have express permission by MikeFilsaime.com , Inc.

You may not sell this course for less than the full current market price (or final price sold if we stop selling) until 90 days after you are in receipt of the course. After 90 days you may only sell the course for no less than half the current market price (or final market price it was sold for if we are no longer selling to the public.) With the terms above, you may sell at EBAY or other auction sites, but you must set a reserve price at half the price of the course after 90 days. You may not sell on EBay during your first 90 days at anytime.

If you sell your version of the course you may not keep ANY BACKUPS of the materials. You must delete all copies you made of digital information and hard copy. You may keep the sites you made but you must terminate your membership to use the software. The license will go to the new owner and you may no longer use the software in any form whatsoever.

If you can not abide by these terms, DO NOT BUY THE PRODUCT.

Reselling and or Resale rights.

You do not have any resale rights to this course or software or  information.

Archival or Backup Copies

You may copy the Sites made by the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:

Copy the Documentation,

Copy the Software off our server.

Allow Any webmasters, programmers, or web host's to use download our scripts to their hard drives except to work on a custom project for you. All information they have must be permanently deleted when they are done working for you and you must make that clear to them.

Allow any webmaster, programmer, or web host access to the members area to have access to the software.

Allow any webmasters, programmers, or web hosts to see the scripts on your server until you have made it clear to them that they do not have rights to download the scripts.

Show access to your source code to anyone other than your webmaster, programmer, or web host for support purposes only.

Use the software to make sites for others for free or paid service.

Use the software to make sites to sell as part of any sale at all.

Allow anyone other than you to have any working access to these scripts on their sites.

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software on our server.

Place the Software onto a server so that it is accessible via a public network such as the Internet, or

Sublicense, rent, lease or lend any portion of the Software or Documentation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

Limited Warranty

We warrant that for a period of 30 days after delivery of this copy of the Software to you:

The media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and/or its affiliates' intellectual property rights, ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Suffolk County, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Suffolk County, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

  1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  2. This license agreement may be modified only by a writing signed by you and us.
  3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  4. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

 

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) or of other owners used with their permission.

Database Ownership, License, and Use

ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) warrants, and you accept, that ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime)  is the owner of the copyright of the Databases of Links to articles and resources available from time to time through ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime). ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) or a ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime)  total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime)  or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime), and all information to which you have access through password-protected areas of ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime). ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime)'s written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Suffolk County, New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and/or its affiliates' intellectual property rights, ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Suffolk County, New York, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: State of Suffolk County, New York. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: State of Suffolk County, New York, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other ButterflyMarketing.com (MikeFilsaime.com, Inc. in association with Michael Filsaime) site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

© 2009 www.ButterflyMarketing.com , All rights reserved.