WEBSITE USER AGREEMENT
WEBSITE USER AGREEMENT version August 2019
Access to and use of this website is provided for general information only and is not intended to be used as a substitute for experience, formal training or common sense. This website is written in North American English and it is your responsibility to carefully read and understand the following information, as the use of this website, in whole or in part, will constitute the user's acceptance of essential terms and conditions of our Warranties and our Purchase And Sale Agreements. The Butler Corporation may update this Website and continued use of this website by the user constitutes acceptance of such changes, supplements, deletions and/or updates.
We have attempted to make this website as wide-ranging as possible. The descriptions provided on this website have been modified from the original publications, due to space and/or other literary requirements.
All products and information featured in this website are to be used only for the purposes intended. Any other use is considered contrary to the intended use, is a misuse, and as such we accepts no liability whatsoever from such misuse.
The products, item numbers, prices, descriptions, specifications, materials, inclusions, exclusions and availability were in effect when this website was designed for viewing. Any items for sale on this website are available, solely, to entities and persons over the age of legal majority and who can form legally binding agreement(s) under applicable law. We do not sell the Butler System online, you must contact us directly. However, most of our supplies and parts may be purchased online after you acknowledge that you agree to our contract and warranty terms.
The Butler Corporation, under no circumstances, shall be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of or reliance on this website information, advice, or technology, which may contain errors, omissions, inclusions, exclusions or misunderstandings, etc. The Butler Corporation reserves the right to change, amend, delete or modify such errors, omissions, inclusions, exclusions and misunderstandings, etc. and may also update, modify or supplement any or all of this website and/or technology at any time, without notice and without incurring any obligation or expense.
It must be understood and agreed, that the website user who advertises on this website, does hereby grant The Butler Corporation a worldwide, irrevocable, royalty-free, nonexclusive authorization to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish their material and subsequent versions of their material for the purposes of advertising their material on our website and distributing their material either electronically or via other media to website users seeking to download or otherwise acquire it. This authorization shall apply to the distribution and the storage of the advertiser's material in any form, medium or technology now known or later developed. The website user, who advertises and/or links to this website, agrees not to place false or misleading information on this website or on social media and is solely responsible for all the materials provided, whether publicly posted or privately transmitted, uploaded, e-mailed or otherwise made available on or from this website.
It must be understood and agreed, that The Butler Corporation, under no circumstances shall be responsible or liable for any information or warranties, expressed or implied, made by others in this website, website links and/or in website advertisements. The Butler Corporation does not intend for information supplied by others in links or advertisements to be referrals or endorsements. These links and other communications are provided, solely, for the user's general information and convenience. The Butler Corporation makes no representation as to the accuracy of others' advertisements, or the authenticity of their products and shall not be liable or responsible for any misrepresentations of information, expressed or implied, by others.
This website may contain information regarding products or product contents, which may or may not be prohibited for use outside the continental United States. It is the website user's sole responsibility to know their country's specific laws, regulations and restrictions that govern products to be imported. No information found on this website should be construed as a solicitation, promotion or indication for use of a product, which is not authorized for use by the laws and regulations of the country of import.
The Butler Corporation disclaims any and all responsibility for the deletion, the failure to store, the misdelivery or the untimely delivery of any website information or material. Any material that is downloaded or otherwise obtained through this website is solely at the website user's own discretion and risk, and the user will be, solely, responsible for any damages to any computer system and/or loss of data that may result from a download.
It must be understood and agreed, that The Butler Corporation, shall not be responsible under any circumstances, for any delays or failures that are due to causes beyond our control, including, but not limited to: earthquakes, lightning storms, floods or other acts of nature, war mobilization, civil commotion, riots, embargoes, domestic or foreign governmental regulations or orders, acts of the purchaser, its agents or employees, strikes, lock-outs, work stoppages or other labor difficulties, or shortages of or inability to obtain shipping space or transportation, partial or entire failure of our or our vendor's production facilities, inability to secure supplies at current prices, shortages of raw materials, vehicle delivery delays, etc. Prices are in United States currency and do not include freight, handling, special packaging, insurance, applicable taxes or any other costs incurred for shipping, unless otherwise stated. All prices are net FOB Ludlow, Massachusetts.
All transactions, agreements, and disputes of any kind involving The Butler Corporation shall be governed by Massachusetts Laws and shall be brought in the Commonwealth of Massachusetts in the United States of America, and specifically, in Hampden County or the Western District of the Commonwealth. It must be agreed that the Commonwealth of Massachusetts will have the exclusive jurisdiction over any and all claims or disputes of any kind against The Butler Corporation, including, but not limited to, breach of contract or warranty or any other claims. The website user hereby waives any argument or right to any jurisdiction outside Massachusetts borders. In the event the website user files any action against The Butler Corporation inconsistent with this jurisdictional waiver, the website user agrees that it shall be responsible for all attorneys’ fees and travel costs associated with The Butler Corporation’s defense of such out- of-state action. Further, at the sole election of The Butler Corporation it may demand arbitration for any dispute arising under this agreement and the website user agrees that it will share the upfront costs of the arbitration, which shall occur in Hampden County, Massachusetts. The rules of the American Arbitration Association shall apply. If any part of The Butler Corporation's printed materials 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 the document shall continue in effect.
The Butler Logo (consisting of the name Butler and the figure of the man) is a registered trademark and the sole property of The Butler Corporation. It has been registered in the United States of America, Canada and Europe. It carries the Certificate of Registration #1361739. The Butler graphics and logo can only be used in a manner consistent with The Butler Corporation's policy for its use.
It must be understood and agreed, as a result of using this website, the information provided by the user, may be used by The Butler Corporation for communications, such as service announcements, administrative messages and email advertisements, etc.
The Butler Corporation's failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision.
The Butler Corporation does not warranty or guarantee that its website will be uninterrupted, timely, secure, or error free. See Privacy Notice for further details about security.
You must understand and agree prior to purchasing any system or product from The Butler Corporation that you have read and comprehend the Warranty and Purchase and Sale Agreements contained herein. See particularly the Exclusions, Limitations, and Disclaimers contained in the Butler System Warranty Booklet (Ver. 11/2017). No additional terms, conditions, obligations, oral or written understandings, representations, promises or agreements will be binding on The Butler Corporation, unless approved in writing by the principal officer of The Butler Corporation.
Copyright 2004-2019 by The Butler Corporation. All rights reserved. Reproduction of this website, without written permission from The Butler Corporation, is strictly prohibited.
Version August 2019.