TERMS AND CONDITIONS
Welcome to the Butler Specialty Company™ Web site ("Our Site"), the site operated by Butler Specialty Company™. This is the user agreement that governs your use of the site ("Agreement"). Please read this Agreement carefully, because by using Our Site you agree to abide by its terms and conditions. We may change the terms from time to time and any change will be effective from the day of posting, so please check this page periodically.
Our Site and all its content, including but not limited to its text, photographs including those of product, graphics, logos, button icons, images, audio clips, and software, is owned by or licensed to Butler Specialty Company™ and may be protected by United States and international patent, trademark, and copyright laws and other intellectual property laws ("Intellectual Property").
You may reproduce, distribute, display or transmit an insubstantial portion of "Our Site" content only for purposes that are personal and noncommercial (and related to the purchase of products from "Our Site"), provided that you include all trademark, copyright and other proprietary rights notices in the same form in which the notices appear on "Our Site". Except for the purpose noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling, or exploit in any way, in whole or in part, "Our Site", any of its contents, or any related software.
Butler Specialty Company™, and other trademarks, logos and indicia of source (collectively, "Trademarks") displayed on Our Site are owned by Butler Specialty Company™ or one of its related entities. The Trademarks may not be used in connection with any product or service that does not belong to us in any manner that is likely to cause confusion about whether Butler Specialty Company™ is the source, sponsor or endorser of the product or service without our prior written consent, and may not be used in any manner that disparages or discredits Butler Specialty Company™. Unauthorized use of any Intellectual Property may result in an action for infringement. In such case, you shall reimburse Butler Specialty Company™ any costs or expense, including but not limited to reasonable attorney's fees, for violation for enforcement of this Agreement.
Most of the products displayed on Our Site are available through Retailers in the United States while supplies last. In some cases, products displayed on Our Site may not be available in stores.
We make every effort to display product colors on Our Site as accurately as possible, but we cannot guarantee that your monitor's display of any product will be accurate.
LINKS TO OUR SITE, FRAMES AND METATAGS
You may not link to the home page of Our Site in any way that might cast Butler Specialty Company™ in a false or misleading light. You may not frame Our Site content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates our name or Intellectual Property without our express written consent.
DISCLAMERS OF WARRANTIES
OUR SITE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL, DATA OR DATABASE DISPLAYED, POSTED OR DISTRIBUTED ON OUR SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SITE.
WE DISCLAIM ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR ITS CONTENT THAT MAY BE DOWNLOADED FROM OUR SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY OF ITS CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
YOU RELEASE Butler Specialty Company™ AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITE.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR PRODUCTS, SERVICES, OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY.
You agree to indemnify and hold Butler Specialty Company™ and its parent, subsidiaries, affiliates, officers, directors, trustees, agents, and employees harmless against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement, or your violation of any law or rights of a third party in connection with your use of Our Site.
We reserve the right to terminate this Agreement at any time without notice for any reason, including for a user's violation of any of the Agreement provisions.
GOVERNED BY LAWS OF DELAWARE/FORUM SELECTION
This Agreement and any claim or dispute relating to it will be governed by the laws of the State of DELAWARE applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of DELAWARE, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed and will not affect the validity and enforceability of any remaining provision. If you have any questions about our collection and treatment of your information, you can send your inquiry through the Contact Us page, or by postal mail at:
Butler Specialty Company
8200 S. South Chicago Ave.
Chicago, IL 60617