buuteeq Inc. -

Terms of Service

Last Updated Date: Tuesday, January 1, 2014

buuteeq, Inc. (“buuteeq”, “our”, “us” or “we”) provides certain Services (defined below in Section 2) via our website, accessible at www.buuteeq.com and other websites launched by buuteeq in connection with the Services (collectively, the “Site”).

Key Content-related Terms

“buuteeq Content” means Content that buuteeq makes available through the Site or Services, including any Content licensed from a third party, but excluding Customer Content.

“Collective Content” means, collectively, buuteeq Content and Customer Content.

“Content” means text, graphics, images, music, software, audio, video, information or other works of authorship.

“Customer” means a person who completes buuteeq’s account registration process, as described under the “Registration” subsection below.

“Customer Content” means Content that a Customer posts, uploads, publishes, submits or transmits to be made available through the Site or Services, excluding End User Data.

1. ACCEPTANCE OF TERMS AND MODIFICATIONS

Thank you for using the Services. buuteeq provides the Services to you, subject to acceptance without modification of all of the terms and conditions contained herein (these "Terms"). These Terms govern your access to and use of the Site, Services and Collective Content and constitute a binding legal agreement between you and buuteeq.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS THE BUUTEEQ SITE OR USE THE SERVICES OR CONTENT. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICES OR THE SITE, OR DOWNLOADING ANY MATERIALS OR BY COMPLETING ANY REGISTRATION PROCESS VIA THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

We reserve the right, in our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Fees for use of the Services (as described on the Site at http://www.buuteeq.com/hotel-web-design-pricing) are subject to change upon thirty (30) days notice from us. If you do not want to pay the updated Fees, you must stop using the Services by providing notice to buuteeq in accordance with Section 6.2 below. Such notice may be provided at any time by posting the revised Fees to the Site or via the Services or by providing notice via email.

2. SERVICES

buuteeq provides Customers with access to a rich collection of digital marketing resources, including, without limitation, an online reservation system integrated with your property's website, easy-to-build-and-manage website, mobile services and social media marketing services (collectively, the "Services"). The Services are offered in the product and price bundles set forth on Site (as may be updated from time to time, in our sole discretion). Unless explicitly stated otherwise herein, any new features that enhance the current version of the Services shall be subject to these Terms.

You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. buuteeq shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

3. USE OF THE SERVICES

3.1 Registration. In order to access certain features of the Site and Services, you must register to create an account (“Account”) and become a Customer. In consideration of use of the Site and Services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by our registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or buuteeq has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, buuteeq has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).

3.2 Free Trials. We may offer free trials during which Customers may use the Services for the time period specified in the promotional offer for the free trial (“Trial Period”). Free trials may not be combined with any other offer and are only available to Customers who do not currently have an Account at the time of registration, unless otherwise stated in the promotion details. You will receive a notice from us via the Site and Services when your free Trial Period has ended or is close to ending. At the conclusion of the Trial Period, you will be required to provide payment information or you will no longer be able to use the Services. You may cancel your Account at any time during the Trial Period by contacting us at info@buuteeq.com.

3.3 Prohibitions. You agree not to post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

You also agree not to:

Use, display, mirror or frame the Site, or any individual element within the Site or Services, buuteeq’s name, any buuteeq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without buuteeq’s express written consent; Access, tamper with, or use non-public areas of the Site, buuteeq’s computer systems, or the technical delivery systems of buuteeq’s providers;

Access, tamper with, or use non-public areas of the Site, buuteeq’s computer systems, or the technical delivery systems of buuteeq’s providers;

Attempt to probe, scan, or test the vulnerability of any buuteeq system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by buuteeq or any of buuteeq’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;

Attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by buuteeq or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a buuteeq trademark, logo URL or product name without buuteeq’s express written consent;

Use the Site, Services or Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Services;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Without written permission from buuteeq, provide the Site, Services or Collective Content behind proxy servers or URL cloaking techniques;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

buuteeq will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. buuteeq may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that buuteeq has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. buuteeq reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content including, but not limited to, Content that buuteeq, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.

Reproducing, copying, or distributing any Content, materials, or design elements on the buuteeq Site for any use or purpose not expressly permitted by these Terms is strictly prohibited without the express prior written permission of buuteeq. Any rights not expressly granted herein are reserved by buuteeq.

3.4 End User Privacy. In connection with your use of the Services, we will collect certain personally identifiable information about or related to end users or customers (“End Users”) of your website or other online properties (collectively “End User Data”) on your behalf. We will use the End User Data only to provide the Services to you. You represent, warrant and covenant to us that you will (i) use the End User Data in accordance with all applicable laws, including privacy, data protection and data security laws, and (ii) make available a privacy policy to End Users via your offering that is in compliance with all applicable laws, including privacy, data protection and data security laws and that describes in detail your practices related to the collection, use and sharing of End User Data and our collection of and access to End User Data as a third party service provider to you. You agree that such privacy policy will be substantially similar to the sample Privacy Policy at http://www.buuteeq.com/Privacy-Policy (the “Sample Customer Privacy Policy”) and that the privacy policy will not substantially deviate from the concepts described in the Sample Customer Privacy Policy.

4. CONTENT

4.1 Licenses Granted by buuteeq to buuteeq Content. Subject to your compliance with the terms and conditions of these Terms, buuteeq grants you a limited, non-exclusive, non-transferable license to view, download and print any buuteeq Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by buuteeq or its licensors, except for the licenses and rights expressly granted in these Terms.

4.2 License granted by Customer. We may, in our sole discretion, permit Customers to post, upload, publish, submit or transmit Customer Content. By making available any Customer Content on or through the Site or Services, you hereby grant to buuteeq a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Customer Content only in connection with the provision of the Site and Services., buuteeq does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Customer Content.

4.3 Your Responsibilities Related to Your Customer Content. You acknowledge and agree that you are solely responsible for all Customer Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Customer Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to buuteeq the rights in such Customer Content, as contemplated under these Terms; and (ii) neither the Customer Content nor your posting, uploading, publication, submission or transmittal of the Customer Content or buuteeq’s use of the Customer Content (or any portion thereof) on, through, in connection with or by means of the Site or Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4.4 Storage of Your Customer Content. buuteeq shall employ commercially reasonable procedures for storing Customer Content. In the event of any loss or corruption of Customer Content, buuteeq shall use its commercially reasonable efforts to restore the lost or corrupted Customer Content from the latest backup of such Customer Content maintained by buuteeq. buuteeq shall not be responsible for any loss, destruction, alteration, unauthorized disclosure or corruption of Customer Content caused by any third party. BUUTEEQ’S EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER CONTENT PURSUANT TO THIS SECTION 4.4 SHALL CONSTITUTE BUUTEEQ’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF CUSTOMER CONTENT.

4.5 Copyright Policy. buuteeq respects copyright law and expects its users to do the same. It is buuteeq’s policy to terminate in appropriate circumstances Customers or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright Policy at http://www.buuteeq.com/copyright-policy for further information.

5. PROMOTION PRICING

If you as a Customer use the promotional pricing feature of the Services to provide your own customers or End Users with deals or discounts through the Site or Services (“Deals”), you represent and warrant to buuteeq that you have authority to offer such Deals and you understand and agree that you are solely responsible for honoring terms of any such Deals as they are presented to the consumer through the Site or Services. Without limitation of other representations, warrants, and indemnities elsewhere within these Terms, you specifically agree to indemnify buuteeq against any claims by your customers or End Users that the terms of a Deal were not honored.

6. FEES AND ACCOUNT CANCELLATION

6.1 Fees and Payments. In connection with your use of the Site and Services, you may choose to purchase a subscription for use thereof. If and when you choose to purchase a subscription for use of the Services, you will be required to provide customary billing information such as name and billing address and to select a subscription term and payment frequency. You may be required to pay an upfront fee for your use of the Services. You agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Site and Services. The following terms and conditions apply to any purchases made via the Site and Services:

All fees will be paid in U.S. dollars, unless otherwise specified by a buuteeq representative.

A valid credit card, bank account information (for direct debit transactions), or upfront annual payment is required for paying accounts. Free Trial Period or certain promotional accounts are not required to provide a credit card number.

Except as otherwise expressly set forth in an applicable Sales Order Form, Customer hereby authorizes buuteeq to debit/charge Customer's account, as applicable, for the amount specified in each accurate buuteeq invoice at any time following buuteeq's presentment of such invoice to Customer. If buuteeq is unable to debit/credit Customer's account, as applicable, for the full amount specified in such invoice, then Customer nevertheless shall ensure that such invoice is paid within 30 days after the applicable invoice date.

Subscriptions for use of the Site and Services begin immediately upon registration and creation of an Account or formal engagement with our Customer Success Team. Except as otherwise agreed to between you and buuteeq in writing on an applicable Sales Order Form, if you don't cancel your Account by the last day of the first month in which you create your Account, you will be billed for your use of the Services on a monthly basis starting on the last day of such first month. For avoidance of doubt, you understand and agree that if you do not provide buuteeq with notice of cancellation by the last day of the first month in which you created your Account, you will be billed on the last day of each month for the Services. You may cancel your Account in accordance with Section 6.2 below.

Except as otherwise agreed to between you and buuteeq in writing on an applicable Sales Order Form, your use of the Services may be billed in two ways: (i) Advance payment on an annual basis for the first year and thereafter billing on an annual or monthly basis; or (ii) Monthly payments fulfilled each month over the term of your use of the Services. There will be no refunds or credits for partial months of use of the Services, or upgrade/downgrade refunds.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level for use of the Services, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

Downgrading your plan for your use of the Services may cause the loss of Content, features, or capacity of your account.

6.2 Account Cancellation and Termination.

You are solely responsible for properly canceling your Account.

To cancel your Account, you must send a written request to cancel your Account to: help@buuteeq.com.

Your cancellation request is only officially fulfilled once you have received a confirmation notice of Account cancellation from help@buuteeq.com.

After you cancel your Account, all of your Customer Content will be stored for up to thirty (30) days and then immediately deleted. Customer Content cannot be recovered after this period. Accordingly, you understand and agree that you are solely responsible for obtaining your Customer Content from the services after any Account cancellation.

If any fees owed in connection with your use of the Services have not been paid after thirty (30) days from the due date of such fees, buuteeq reserves the right to suspend or cancel your Account upon five (5) business days’ prior notice to you.

7. OWNERSHIP

The Site, Services, Application and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of buuteeq and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Collective Content. Notwithstanding the foregoing, as between you and Buuteeq, you as a Customer own any Customer Content that you provide via the Services.

8. PRIVACY

See buuteeq’s Privacy Policy at http://www.buuteeq.com/Privacy-Policy for information and notices concerning buuteeq’s collection and use of your personal information.

9. DISCLAIMERS

THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BUTEEQ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BUUTEEQ MAKES NO WARRANTY THAT THE SITE, SERVICES OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BUUTEEQ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BUUTEEQ OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER buuteeq NOR ANY OTHER person or entity involved in creating, producing, or delivering the Site, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising out of or in connection with THESE TERMS or from the use of or inability to use the SITE, SERVICES OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not BUUTEEQ has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

In no event will buuteeq’s aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BUUTEEQ FOR USE OF THE SITE, SERVICES OR COLLECTIVE CONTEN IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, IF YOU HAVE MADE ANY PAYMENTS TO BUUTEEQ, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT MADE ANY PAYMENTS TO BUUTEEQ, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BUUTEEQ AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to defend, indemnify, and hold buuteeq, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Collective Content, or your violation of these Terms.

12. GENERAL PROVISIONS

These Terms constitute the entire and exclusive understanding and agreement between buuteeq and you regarding the Site, Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between buuteeq and you regarding the Site, Services and Collective Content. You may not assign or transfer these Terms, by operation of law or otherwise, without buuteeq’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. buuteeq may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in King County, Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts. All trademarks, service marks, logos, trade names and any other proprietary designations of buuteeq used herein are trademarks or registered trademarks of buuteeq. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

13. THIRD PARTY AGREEMENTS

If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity is solely between you and the applicable third party. Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such thirty party merchant or advertiser. YOU UNDERSTAND AND AGREE THAT buuteeq shall have no liability, obligation or responsibility for any such activity AND THAT BUUTEEQ IS NOT A PARTY TO ANY RELATIONSHIPS BETWEEN YOU AND ANY THIRD PARTY. YOU AGREE THAT BUUTEEQ WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH THIRD PARTIES.

14. THIRD PARTY LINKS

The Site and Services may include, or third parties may provide, links to other websites or resources. Because buuteeq has no control over such websites and resources, you acknowledge and agree that buuteeq is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BUUTEEQ 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 USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE.

15. DISPUTE RESOLUTION

You and buuteeq agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site or Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and buuteeq are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and buuteeq otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Washington and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and buuteeq otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and buuteeq submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. buuteeq will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, buuteeq will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of these Terms, if buuteeq changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@buuteeq.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of buuteeq’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and buuteeq in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

16. BREACH OF TERMS OF SERVICE.

If you breach any of these Terms, buuteeq will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. buuteeq reserves the right to revoke your access to and use of the Site, Services and Collective Content at any time, with or without cause. In the event buuteeq terminates these Terms for your breach, you will remain liable for all amounts due hereunder.

Please report any violations of the Terms to us at info@buuteeq.com

17. FEEDBACK.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@buuteeq.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

18. NOTICES.

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by buuteeq: (i) via email (in each case to the address that you provide); or (ii) by posting to the Site or via the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

If you have any questions about the Site, Services or these Terms, please contact buuteeq at info@buuteeq.com.