Welcome to the ButlerKids.org website, which includes all of the pages and associated content (as may be modified from time to time) under the domain name rainbowsunited.org (the “Site”). The Site is owned and operated by Smart Start of Butler County. (the “Company”) for use by the Company’s authorized customers, suppliers, and other visitors (each a “User”).
BY ACCESSING, BROWSING, AND/OR USING THE SITE USER AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY POLICIES, GUIDELINES, OR DOCUMENTS INCORPORATED IN THIS AGREEMENT BY REFERENCE. USER AGREES THIS AGREEMENT IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT WISH TO BE BOUND TO THIS AGREEMENT, THEN YOU MUST IMMEDIATELY STOP ACCESSING, BROWSING, OR USING THE SITE.
2. MODIFICATIONS TO TERMS. If you do not agree to this Agreement or any provisions incorporated into this Agreement, please do not use the Site. The Company reserve the right, in its sole discretion, to change, modify, add, or remove this Agreement or any portion at any time. Please check this Agreement periodically for changes. User’s continued use of the Site after such changes constitutes User’s agreement to abide by those changes.
3. USE OF SITE. Agreement to this Agreement allows the User to view the portions of the Site that are generally available to the public and download such portions (but only as strictly necessary to aid in the viewing of the Site and only if all copyright and other proprietary notices are duplicated) solely for the User’s personal, non-commercial uses. If the User has obtained the Company’s express consent or has otherwise enter into an agreement with the Company (a “User Agreement”) to access protected portions of the Site through a password or other means provided by the Company for such authorized User (an “Authorized User”), such Authorized User may view such protected portions of the Site and download such portions only as strictly authorized by the Company and this Agreement, or as applicable the User Agreement, for the purposes granted. Except as specifically stated above, no other right or license is granted to a User for the Site and any other use is strictly prohibited.
4. PROHIBITED ACTIVITIES. As a condition of the use of the Site, User will not use the Site for any purpose that is unlawful or prohibited by this Agreement. User may not (a) use the Site in any manner that could damage, disable, overburden, or impair the Site (or the computer systems or network(s) connected to or used in association with the Site) or interfere with any other person’s use and enjoyment of Site; (b) attempt to gain unauthorized access to the Site, any protected portion of the Site, other accounts, or the computer systems or networks connected to the Site, including, without limitation, through hacking, password mining, or any other means; (c) obtain or attempt to obtain any materials or information through any means not intentionally made available to the applicable User through the Sites; (d) navigate, search, link, or locate information or content in or through the Site other than through the navigational methods or functions of the Site; (e) use framing, in-line links, or other techniques to enclose or display any trademark, logo, content, or other information (including, without limitation, the images found in the Site, the content of any text, or the layout/design of any page or form contained on a page) of the Site; or (f) use any meta tags or other “hidden text” utilizing any name, trademark, or product name of the Company. The Site is not available to minors. By accepting entering into this Agreement, User agrees that User is 18 years of age or older and capable of entering into a binding agreement.
5. SALES OF PRODUCTS. The following terms apply if you order any products, which may include donations made to the Company, (each a “Product”) through the Site:
(a) THE COMPANY IS WILLING TO SELL USER PRODUCTS ONLY UPON THE CONDITION THAT USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT. BY ORDERING THE PRODUCT, USER HAS AGREED TO ALL OF THE TERMS OF THIS AGREEMENT.
(b) The Company sells the Product to User F.O.B. Company’s shipping point. Unless included in the price charged, User shall be responsible for all delivery costs and expenses, including any insurance, or other charges by the shipping agent. Subject to available inventory, the Company shall ship the Product to User at the location specified by User within a reasonable time after User places the order.
(c) Payment in full of the full amount of the Product (together with all other indicated fees and charges) shall be made to the Company using the method specified when the order for the Product is placed. Payment shall be made in United States dollars. In payments by credit or debit card, User agrees to comply with the agreement with User’s bank. User shall pay to the Company interest on all amounts past due at the lesser of the rate of one and one-half percent (1.5%) per month or the maximum allowed by applicable law. User agrees to pay all reasonable attorneys’ fees, costs and expenses incurred by the Company as a result of any breach of this Agreement by Customer, including collection of amounts due.
(d) Except to the extent included in the price paid by User, User shall be responsible for all federal, state, and local taxes applicable to the sale, use, value added, or transportation of the Product and all duties, imposts, tariffs, or other similar levies. User agrees to indemnify and hold the Company harmless from the payment or imposition of any such taxes.
6. OWNERSHIP. This Site and all associated content is owned by the Company and/or third parties with whom the Company have entered into agreements of the use of their content. This Site and such content are protected by federal and state copyright, trademark, trade secret, and other laws as well as international conventions. © 2008 Rainbows United. All rights are reserved to the respective owners.
7. USE OF INFORMATION. Except as otherwise provided in any other terms that the Company may enact in the future, the Company may collect information concerning and identified to the User and the User’s use of the Site through any lawful means, including but not limited to, by tracking the User’s progress through or access to the Site, through information submitted by the User, by collecting information concerning the User’s computer system accessing the Site, or by placing “cookies” or other information on your computer system. You agree that the Company may use any information it collects for any lawful means, which may include, without limitation, to conform to legal requirements or comply with legal process, to protect and defend the rights or property of the Company or their affiliates, or enforce this Agreement or any other agreement with the Company.
8. CONFIDENTIALITY. Protected portions of the Site contain confidential and proprietary information of the Company (the “Confidential Information”). By accessing such protected portions of the Site, the User agrees that it will (a) not use the Confidential Information for any purpose or disclose the Confidential Information to any person, except as expressly allowed by the Company or as specified in the User Agreement; and (b) safeguard the confidentiality of the Confidential Information and use the same degree of care to safeguard the Confidential Information as the User uses to safeguard its own most confidential information, but in no case less than a reasonable degree of care. User understands and agrees that a violation of the terms of this Agreement will cause the Company great harm that cannot be measured in terms of damages alone. Therefore, User agrees that the Company may obtain injunctive and other equitable relief to prevent the breach or threatened breach of the terms of this Agreement, without the obligation to post a bond or other security.
9. DISCLAIMERS. THE PRODUCTS, MATERIALS, AND SERVICES PROVIDED IN AND THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE COMPANY DO NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT THE SITE DOES NOT CONTAIN INACCURACIES OR ERRORS, THAT DEFECTS WILL BE DISCOVERED OR CORRECTED, OR THAT THE SITE AND COMPUTER SYSTEMS USED IN ASSOCIATION WITH THE SITE ARE NOT FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OF THE SITE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The Site may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company are not responsible for the contents of any Linked Site. The Company are providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Sites or their operators. Linked Sites may contain their own terms and conditions, and the User agrees to read and abide by these at the User’s own risk.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND/OR THEIR EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR PORTIONS THEREOF, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
11. LIMITATION OF ACTIONS. No action shall be maintained by User against the Company unless written notice of any claim alleged to exist is delivered by User to the Company within thirty (30) days after the event complained of first becomes known to User, but in no case may User maintain an action against the Company unless the same be brought within one (1) year after the cause of action shall accrue.
12. EXCLUSION. Some states or jurisdictions do not allow certain disclaimers or the exclusion or limitation of certain liability, and, to the extent applicable, the above disclaimers, exclusions, and limitations do not apply. Additionally, any provision in this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, each party hereby waives any provision of law which renders any provision hereof prohibited or unenforceable in any respect. The User’s sole and exclusive remedy for any dissatisfied with the Site or any portion thereof or with this Agreement is to discontinue using the Site.
13. TERMINATION. Except as explicated provided otherwise in a User Agreement, the Company reserve the right, in its sole discretion, to terminate a User’s access to the Site or any portion of the Site at any time (including, without limitation, any protected portion of the Site), without notice. The termination or expiration of a User Agreement automatically terminates the User’s right to access the protected portions of the Site. Upon termination of a User’s access to the Site or any portion of the Site, the User’s right to use the Site or such portion of the Site immediately ceases, and the Company may remove and/or destroy any content or other information associated with the User. Should events occur which would give rise to User’s claim that the Company is in default hereunder, User shall first give the Company thirty (30) days written notice of its claim during which time the Company may cure any claimed default and incur no liability therefor.
14. FORCE MAJURE. The Company shall not be considered in default hereunder and shall have no liability for events beyond its reasonably within the control, including, but not limited to fire, explosion, riot, acts of war or terror, acts of God, civil disturbances, floods, earthquakes, and casualties similar in nature to the foregoing, strikes, lock-out, and other labor disturbances, or delays caused by shippers, vendors, or suppliers of the Company, or destruction or significant damage to the goods.
15. GENERAL. This Agreement is governed by the laws of the State of Kansas, U.S.A. Any dispute arising out of or related to this Agreement or the use of the Site or any portion thereof shall be brought exclusively in a court sitting in Wichita, Kansas, U.S.A., and the User irrevocably consent to the exclusive jurisdiction and venue of such courts. The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of this Agreement. The User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by the User or any third party due to or arising out of the use of or conduct on the Site. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect. This Agreement and such other terms referenced and incorporated into this Agreement constitute the entire agreement between the User and the Company with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. INTEGRATION. The Agreement (and, as applicable, the User Agreement) constitutes the exclusive terms and conditions and supersede any additional or contrary terms and conditions or product specifications contained in any purchase order or other communication from Customer, or any third party. No such purchase order or other communication shall be construed as, or constitute a waiver of these terms and conditions, or acceptance of any such additional terms, conditions or specifications, and the Company hereby objects to such additional or contrary terms, conditions, or specifications. This Agreement may not be modified except in writing executed by the parties or as otherwise specified herein.