Buttered By Kenya Terms of Use
These Terms of Use, together with Heyliger LLC’s (referred to herein as “Buttered By Kenya”)
Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of
the Buttered By Kenya website, located at www.butteredbykenya.com (together, the “Site”).
“Buttered By Kenya” includes Heyliger LLC and its officers, directors, employees, consultants,
affiliates, subsidiaries, and agents.
By using or accessing the Site you agree to these Terms, as updated from time to time in
accordance with Section 16 below. These Terms state that any disputes between you and
Buttered By Kenya must be resolved in arbitration or small claims court.
1. Account Security. To use the Site, you must (i) be at least eighteen (18) years of
age; (ii) have not previously been suspended or removed from the Site; and (iii) register for and
use the Site in compliance with any and all applicable laws and regulations.
1. Prohibited Conduct. You agree not to:
A. Use the Site for any illegal purpose, or in violation of any local, state, national, or
international law;
B. Violate or encourage others to violate the rights of Buttered by Kenya or any third
parties, including intellectual property rights;
C. Post, upload, or distribute any content that is unlawful, defamatory, libelous,
inaccurate, or that a reasonable person could deem to be objectionable, profane,
indecent, pornographic, harassing, threatening, hateful, or otherwise
inappropriate;
D. Interfere in any way with security-related features of the Site;
E. Interfere with the operation or any user’s enjoyment of the Site, including by
uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code, making unsolicited offers or advertisements to other users, or
attempting to collect personal information about users or third parties without
their consent;
F. Access, monitor, or copy any content or information of the Site using any robot,
spider, scraper, or other automated means or any manual process for any purpose
without Buttered By Kenya’s express written permission;
G. Perform any fraudulent activity, including impersonating any person or entity,
claiming false affiliations, accessing the accounts of other users without
permission, or falsifying your identity or any information about you, including
age or date of birth; or
H. Sell or otherwise transfer the access granted herein.
2. Electronic Communications, Alerts, Notifications. As part of the Site you may
receive notifications, alerts, emails, or other types of electronic communications regarding the
Site. You acknowledge and agree that you may receive communications from us electronically,
such as via e-mail or text message or through notices and messages on our Site. You agree that
all agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. Where
required by applicable law, we will seek express prior written consent for marketing text
messages or calls to you. Additionally, we may use third party vendors to communicate with
you. To the extent you have any questions, please refer to their terms of use.
3. Third Party Content. The Site may contain links to third party websites and
services. Buttered By Kenya provides such links as a convenience, and does not control or
endorse these websites and services. You acknowledge and agree that Buttered By Kenya has
not reviewed the content, advertising, products, services, or other materials that appear on such
third party websites or services, and is not responsible for the legality, accuracy, or
appropriateness of any such content. Buttered By Kenya shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of any such third party websites or services.
4. Intellectual Property. You acknowledge and agree that you relinquish all
ownership rights in any ideas or suggestions that you submit to Buttered By Kenya through this
Site. This Site is protected by applicable copyright and other intellectual property laws, and no
materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without our express permission. All trademarks and service marks on the
Site belong to Buttered By Kenya, except third-party trademarks or service marks, which are the
property of their respective owners.
5. User Content. You represent and warrant that you own or otherwise have the
right to use any content you post to the Site. If you believe that your content has been used in a
way that constitutes copyright infringement, you may contact our Designated Agent:
Heyliger LLC
32 Court Street, Suite 904-B96, Brooklyn, New York 11201
Phone: 718-885-4647
Fax: 718-885-4648
Email: hello@butteredbykenya.com
You must provide the following information: an electronic or physical signature of the copyright
owner or the person authorized to act on behalf of the copyright owner; a description of the
copyrighted work that you claim has been infringed; a description of where the material that you
claim is infringing is located; your address, telephone number, and email address; a written
statement that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf. Buttered By Kenya has adopted and
implements a policy that provides for termination in appropriate circumstances of accounts of
users who repeatedly infringe copyright or other intellectual property rights of Buttered By
Kenya or others.
6. Pricing. The prices displayed for products available for purchase via the Site
represent the applicable retail prices and do not include taxes, shipping, or handling charges (to
the extent applicable). Any applicable taxes, shipping, or handling charges will be
communicated to you before you place an order. The prices displayed on the Site are quoted in
U.S. dollars.
7. Product Information. We make every effort to present the most recent,
accurate, and reliable information on the Site at all times. However, occasionally there may be
information on the Site that contains typographical errors, inaccuracies, or omissions that may
relate to product descriptions, pricing, promotions, offers, and availability. Products displayed
may be out of stock or discontinued, and prices are subject to change. Buttered By Kenya is not
responsible for errors regarding price, availability, or any other matter. Likewise, Buttered By
Kenya does not warrant the accuracy of customer product ratings, comments, or feedback.
8. Payment. By submitting an order through the Site, you agree to pay in advance
the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other
charges. You may make payment by credit card or any other method of payment we may make
available to you (each, a “Method of Payment”). In order to make a payment, you must provide
us with valid credit card and/or other billing information and authorize us (or any third-party
payment service provider engaged by us) to charge your Method of Payment for all orders placed
and accepted via the Site. YOU REPRESENT AND WARRANT THAT YOU HAVE THE
LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S)
UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information,
you grant us the right to provide such information to third parties for purposes of facilitating the
completion of transactions initiated by you or on your behalf. Verification of information may
be required prior to the acknowledgment or completion of any transaction.
9. Purchase History. Your purchase history may include such details as product
description, product image, units purchased, purchase price, purchase or order date, store details
where the product was purchased, shipping updates, order number, or product manuals,
warranties, and instructions. All information related to your purchase history is solely owned by
us at all times, but may be made available to you in our sole discretion for your review upon
request.
10. Processing Orders. If any problems arise with your order, or with the shipping
address or Method of Payment associated with your purchase, and we are unable to resolve the
problem, we may notify you via the contact information provided at the time of your purchase.
If problems arise with your order that we cannot resolve, your order may be cancelled and we
may not be able to process future purchases until the problem has been resolved.
11. Cancellation. We reserve the right to cancel, modify, or suspend any order
placed if we determine in our sole discretion that a user has violated these Terms, including by
engaging in any fraudulent or misleading activity (for example, by using false names, multiple
identities, multiple email accounts or email addresses, impersonating another person, or
otherwise providing false or misleading information), or if we believe, in our sole discretion, that
a user’s conduct violates applicable law or is harmful to our interests.
12. Indemnification. You agree that you will be personally responsible for your use
of the Site, and you agree to defend, indemnify, and hold harmless Buttered By Kenya from and
against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and
accounting fees and costs), arising out of or in any way connected with (i) your access to, use of,
or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation;
(iii) your violation of any third party right, including without limitation any intellectual property
right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between
you and any third party. Buttered By Kenya reserves the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate with our defense of such claim.
13. Reliance on Information Posted. The information presented on or through the
Site is made available solely for general information purposes. We do not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such information is
strictly at your own risk. We disclaim all liability and responsibility arising from any reliance
placed on such information by you or any other visitor to the Site, or by anyone who may be
informed of any of the Site’s contents.
14. Termination. If you violate these Terms, your permission to use the Site will
automatically terminate. In addition, Buttered By Kenya, in its sole discretion, may suspend or
terminate your user account and/or suspend or terminate some or all of your access to the Site at
any time, with or without notice to you. You may terminate your account at any time by
contacting Buttered By Kenya at hello@butteredbykenya.com. After your account is terminated,
information and content previously provided by you will no longer be accessible through your
account, but Buttered By Kenya may continue to store such information and content, and it may
also be stored by third parties to whom it has been transferred through your use of the Site.
15. Modification of the Terms. Buttered By Kenya reserves the right at any time to
modify these Terms and to impose new or additional terms or conditions on your use of the Site.
Such modifications and additional terms and conditions will be effective immediately upon
notice and incorporated into these Terms. We will make reasonable efforts to notify you of any
material changes to the Terms, including, but not limited to, by posting a notice to our website or
by sending an email to any address you may have provided to us. Your continued use of the
[Site/Services] following notice will be deemed acceptance of any modifications to the Terms.
16. Disclaimers of Warranties. Buttered By Kenya The Site is provided “as is” and
on an “as available” basis, without warranty or condition of any kind, either express or implied.
Although Buttered By Kenya seeks to maintain safe, secure, accurate, and well-functioning
services, we cannot guarantee the continuous operation of or access to our Site, and there may at
times be inadvertent technical or factual errors or inaccuracies. Buttered By Kenya specifically
(but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a
particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of
course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from
your use of or access to the Site. Buttered By Kenya does not guarantee the accuracy of, and
disclaims all liability for, any errors or other inaccuracies in the information, content,
recommendations, and materials made available through the Site.
17. Limitation of Liability. In no event will Buttered By Kenya be liable to you for
any incidental, special, consequential, direct, indirect, or punitive damages, whether based on
warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not
Buttered By Kenya has been informed of the possibility of such damage. Some jurisdictions do
not allow the disclaimer of warranties or limitation of liability in certain circumstances.
Accordingly, some of the above limitations may not apply to you.
18. Governing Law. These Terms are governed by the laws of the United States and
the State of New York, without regard to conflict of law principles. Subject to Section 20, which
provides that disputes are to be resolved through binding arbitration or small claims court, to the
extent that any lawsuit or court proceeding is permitted hereunder, you and Buttered By Kenya
agree to submit to the exclusive personal jurisdiction of the state courts and federal courts
located within Kings County, New York, for the purpose of litigating any such disputes.
19. Dispute Resolution by Binding Arbitration. In the interest of resolving
disputes between you and Buttered By Kenya in the most expedient and cost effective manner,
you and Buttered By Kenya agree to resolve disputes through binding arbitration or small claims
court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,
allows for more limited discovery than in court, and is subject to very limited review by courts.
Arbitrators can award the same damages and relief that a court can award. Any arbitration or
litigation under these Terms will take place on an individual basis; class arbitrations and class
actions are not permitted. You acknowledge and agree that the arbitrator may award relief
(including monetary, injunctive, and declaratory relief) only in favor of the individual party
seeking relief and only to the extent necessary to provide relief necessitated by that individual
party’s claim(s). Any relief awarded cannot affect other users.
20. Modification of the Site. Buttered By Kenya reserves the right to modify or
discontinue, temporarily or permanently, some or all of the Site at any time without any notice or
further obligation to you. You agree that Buttered By Kenya will not be liable to you or to any
third party for any modification, suspension, or discontinuance of any of the Site.
21. General.
I. Entire Agreement. These Terms, together with the Privacy Policy, Refund Policy,
and Shipping Policy constitute the entire and exclusive understanding and
agreement between you and Buttered By Kenya regarding your use of and access
to the Site, and except as expressly permitted above may only be amended by a
written agreement signed by authorized representatives of the parties.
J. No Waiver. The failure to require performance of any provision shall not affect
our right to require performance at any time thereafter, nor shall a waiver of any
breach or default of the Terms constitute a waiver of any subsequent breach or
default or a waiver of the provision itself.
K. Paragraph Headers. Use of paragraph headers in the Terms is for convenience
only and shall not have any impact on the interpretation of particular provisions.
L. Severability. In the event that any part of the Terms is held to be invalid or
unenforceable, the unenforceable part shall be given effect to the greatest extent
possible and the remaining parts will remain in full force and effect.
2. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact
the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento,
California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding
the service or to receive further information regarding use of the service.
Last updated: 3/8/2023
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