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Effective Date: May 10, 2023

 

Terms of Use

 

The following Terms of Use Agreement (“Terms of Use”, “Agreement”, or “Terms”) governs the access to and use of Shea-Lynn’s Butterfly Effect’s website (“slbutterflyeffect.org” and “Site”), and any mobile sites, or other social media channels owned and/or operated by Shea-Lynn’s Butterfly Effect. Throughout the Site, the terms “we,” “us,” “our,” and “SBE” refer to Shea-Lynn’s Butterfly Effect. The terms “you”, “your”, and “User” refer to you the user of the Site.

 

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you indicate that you have read and understood these Terms of Use and agree to abide by them at all times. If you do not agree to all the terms of this Agreement, then do not access or use any part of this Site.

 

AGE RESTRICTIONS

The minimum age to use our Site is 13 years old. By using this Site, users agree that they are over 13 years old. We do not assume any legal responsibility for false statements about age.

 

CHANGES TO THE TERMS OF USE

We reserve the right, from time to time, with or without notice to you, to amend or replace the Terms, at our sole discretion. All changes made to the Terms supersede all previous versions and are effective immediately upon posting and apply to all access and use of our Site and other social media channels thereafter. Any new features, services, goods, or tools that we add to our Site shall also be subject to the Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use of any part of this Site after any such changes are made constitutes your acceptance of the changes and new Terms of Use. The most current version of the Terms can be viewed at any time on this Webpage with the last date on which the Terms have been modified being identified at the top of this page.

 

ACCESS TO THE SITE AND FEATURES

To access our Site or some of the resources and services we offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our Site that all the information you provide on our Site is correct, current, and complete and you agree to have all information provided during registration or otherwise be governed by our Privacy Policy. If SBE believes that the information you have provided is not correct, current, or complete or if it is our opinion that you have violated any provisions of the Terms identified in this Agreement, we have the right to refuse you access to our Site or any of its resources and disable or suspend your access at any time.

 

In addition, we reserve the right to withdraw or amend our Site without notice, including any goods, resources, or services we provide on our Site. We will not be liable if for any reason all or any part of our Site is unavailable at any time or for any period.

 

ACCEPTABLE USE

As a User of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  • Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

  • Solicit others to perform or participate in any unlawful acts;

  • Defame, harass, offend, threaten, or mistreat other users of our Site;

  • Violate the intellectual property rights of the Site owners or any third party to the Site;

  • Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site and Service or any related website;

  • Hack into the account of another user of the Site to collect or track personal information;

  • Spam, phish, pharm, pretext, spider, crawl, or scrape;

  • Interfere with or circumvent the security features of our Site or any related website; or

  • Act in any way that could be considered fraudulent.

 

If we believe you are using the Site illegally or in a manner that violates these Terms of Use, we reserve the right to limit, suspend, or terminate your access to the Site. We also reserve the right to take any legal steps necessary to prevent you from accessing the Site.

 

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you send specific submissions (e.g., contest entries, creative ideas, proposals, plans, blogs, etc.), with or without a request from us, online, by email or post, or otherwise (collectively, comments), you agree that we may edit, copy, publish, distribute, translate, and otherwise use this content without restriction. We are under no obligation to:

  • Maintain any comments in confidence;

  • Pay compensation for any comments; or

  • Respond to any comments.

 

We may monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead SBE or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

 

INTELLECTUAL PROPERTY

All content published and made available on our Site (the “Content,” or “Materials”) is the property of Shea-Lynn’s Butterfly Effect, its affiliates, and the Site’s creators and is protected by domestic and international copyright, trademark, and other intellectual property laws unless otherwise specified. This includes, but is not limited to images, text, logos, video, audio, documents, design, downloadable files, other online material, and anything that contributes to the composition of our Site.

 

These Terms of Use permit you to access and use our Site and any services offered on them for your informational and non-commercial, or personal use only. Permission is granted to print, download, and share Content from our Site solely for non-commercial purposes, provided that you do not:

  • Reproduce, modify, or create derivative works of the Content, Materials, and images of our Site;

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text made available on our Site;

  • Copy and post any of the Materials on any network computer or broadcast in any media; or

  • Alter or delete any copyright, trademark or other proprietary notices from the Materials on our Site.

 

Special note, downloading, printing, or sharing Content does not transfer any right, title, or interest in any Content to you.

 

If you wish to make use of materials from our Site other than that is set out in this section, or if you would like to use Shea-Lynn’s Butterfly Effect logo in any manner, written permission is required. Please send your request to info@slbutterflyeffect.org.

 

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our Site and other social media accounts, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

We reserve the right to withdraw linking permission without notice and you agree to cooperate with us by terminating any unauthorized linking. We may disable all or any social media features and any links at any time without notice at our discretion.

 

LINKS TO OTHER WEBSITES

Our Site contains links to third-party websites or services that we do not own or control. These links are provided solely to you for convenience. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site and disclaim all liability for any injury you may experience by using such links. Links are to be accessed at your own risk. It is your responsibility to read the terms of conditions and privacy policies of those third-party websites before using those sites.

 

SALE OF GOODS AND SERVICES

These Terms of Use govern the sale of goods and services available on our Site. This includes all products listed as being out of stock.

 

The following goods and services are available on our Site:

  • Merchandise

  • Decals

  • Donation collection

 

All sales and services will be paid for in full when the product/service is ordered.

 

We reserve the right to modify, reject, or cancel your order when it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

 

ERRORS, INACCURACIES, AND OMISSIONS

All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, occasionally, there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Because SBE does not warrant the information as error-free, we are not legally bound by such information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). You agree to purchase goods and services from our Site at your own risk. If a product offered by SBE is not as described, your sole remedy is to return/exchange it in unused condition at your expense, but only upon our approval. See our Return and Refund Policy section below for more details.

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

We reserve the right to modify or discontinue the Service (or any content) without notice.

 

We shall not be liable to you or any third party for modification, price change, suspension, or service discontinuation.

 

THIRD-PARTY GOODS AND SERVICES

This Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on this Site. Your participation, correspondence, or business dealings with any third party found on or through this website are solely between you and the third party (e.g., payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings).

 

RECURRING PAYMENTS

Any established recurring payments will be automatically renewed and you will be automatically billed until we receive a notification that you want to cancel the payments.

 

PAYMENTS

We accept the following payment methods:

  • Credit Card;

  • PayPal;

  • Cash; and

  • E-transfer

 

When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

 

If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your transaction.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, or credit card, or orders using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email or billing address/phone number provided when you made the order. In addition, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. In addition, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

You agree to notify us immediately of any unauthorized access to or use of your security information.

 

ORDER PROCESSING

  • Please allow 1-2 days for your order to be processed. We make every effort to fulfill orders as quickly as possible but we are currently administering our programs and distribution of products on a voluntary basis. Therefore, we ask for your patience, as we have other obligations to meet. We will advise you by email when your order is ready for pick-up or is being shipped.

  • Successfully placed orders will receive an email confirmation with the order details. If you do not receive an email, please check your spam filter or contact us at info@slbutterflyeffect.org for confirmation.

  • If you need assistance with your order, please email us immediately at info@slbutterflyeffect.org. We will not be able to make changes to your order after it has been shipped.

  • Please review your contact information at every step of the order process to ensure that you have provided us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information. If an order is returned to us due to an incorrect address, we will refund the original order (excluding the shipping fee) and ask that you resubmit your order.

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SHIPPING

Local Pickup

  • In-person pickup is available Monday – Friday (6:00 pm to 9:00 pm) and weekends (9:00 am to 8:00 pm), provided that advance arrangements have been made prior to pickup.

  • An email message will be sent when your order is ready for pickup.

  • If you would prefer to have your item left in the mailbox or at the front entrance instead of an in-person pickup, please let us know. We are happy to meet your needs.

 

Domestic Shipping (Within Canada)

  • Goods will be delivered through one of the following methods, whichever is deemed the most cost-effective.

    • Standard delivery by Canada Post

    • A courier of our choosing

  • Shipping will take place as soon as reasonably possible. An estimated time of delivery is 7 - 12 business days, (excluding weekends and statutory holidays), and is dependent on your location. Note: SBE is unable to guarantee this delivery time frame. We are not responsible for shipping carrier delays.

 

International Shipping

  • Shipping is currently restricted to Canada. Until we determine a need, international shipping is not available.

  • If you are located outside of Canada but would like to support our cause, please email us at info@slbutterflyeffect.org to express your interest.

 

RETURNS & REFUNDS

Your satisfaction is very important to us, however, as a not-for-profit, we must find a balance between customer service and costs that will impact our ability to deliver our programs.

 

* As such, SBE reserves the right to limit or decline returns and exchanges. *

 

Please review carefully our return policy. Refund/exchange requests must be made within 14 days after receipt of your goods. All returns/exchanges must have a return authorization number before making the return. In order to make sure that your return is processed correctly and quickly, please review the following instructions:

  1. To set up a return, simply email us at info@slbutterflyeffect.org to obtain your return authorization number. Any goods returned without an authorization number will not be accepted.

  2. All original packing materials and the return authorization must be included, and merchandise must be in new condition.

  3. Customers are responsible for shipping items back to SBE and are responsible for any associated inbound/outbound shipping costs (unless they received a damaged or defective item and are exchanging it for another item of the same make and model). SBE will not accept COD return orders.

  4. No restocking fees apply.

  5. We will notify you once we’ve received and inspected your return and will let you know whether the refund/exchange is approved or not. If approved, the return/exchange will be processed within 10 days.

  6. Returns will be credited to whichever tender was used for the purchase (e.g., credit card, debit card, cash, etc.). Please remember it will take some time for your bank or credit card company to process and post the refund to our account. If more than 15 business days have passed since we approved your return, please contact us at info@slbutterflyeffect.org.

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Damaged/Defective Items

Please inspect your order upon receipt and contact us immediately if the item is defective or damaged, or if we made an error and you received the wrong item. Swift action will allow us to evaluate the issue and make it right. However, unless an error occurred on our part in the shipment of your order or if the product arrived damaged or defective, shipping fees charged at the time of the order will not be refunded. We will not accept COD return orders.

 

Exceptions/Non-returnable Items

All services sold on our Site are non-refundable and refunds/exchanges do not apply to the following goods:

  • Decals that have been applied; and

  • Merchandise that has been used.

 

If you wish to speak to us regarding our return policies, you can email us at info@slbutterflyeffect.org. We will attempt to respond to your query within 24 hours.

 

DISCLAIMER OF WARRANTIES

You understand that SBE cannot and does not guarantee or warrant that any information, data, software, or files available through our Site will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. As such, you expressly agree that your use of our Site and services is at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer due to your use of our Site or any of our Services. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for data input and output accuracy and for maintaining a means external to the website to reconstruct any lost data.

 

You understand that our Site and all its products and services are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Neither SBE nor any person associated with SBE can make any guarantee, warranty or representation concerning the security, reliability, quality, or availability of our Site. Without limiting the foregoing, neither we nor anyone associated with SBE represents or warrants that our Site, its content or any services or items obtained through our Site will be secure, accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Sites or the servers that make them available are free of viruses or other harmful elements, or that our Site or any services or items obtained through our Site will otherwise meet your needs or expectations.

 

You understand that from time to time, we may remove the Site for indefinite periods or cancel the Site at any time, without notice to you.

 

RELIANCE ON INFORMATION

While SBE makes every effort to ensure that all the information posted on our Site is accurate and complete, it can not be guaranteed as accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

LIMITATION OF LIABILITY

SBE and our officers, directors, donors, partners, contractors, service providers, volunteers, and affiliates will not be liable for any actions claims, losses, damages, liabilities and expenses (including legal fees) that may arise from your use of this Site or any products procured while using this Site or Services. This includes, but is not limited to incidental, direct, indirect, punitive, actual, consequential, special, exemplary or any other damages, and/or pain and suffering, or emotional distress, even if SBE has been advised of the possibility of such damages.

 

INDEMNIFICATION

Except where prohibited by law, by using this Site you agree to defend, indemnify and hold harmless SBE and our officers, directors, donors, partners, contractors, service providers, suppliers, volunteers, and affiliates from any actions, claims, damages, liabilities and expenses including legal fees arising out of your use of the Site or violation of any of these Terms.

 

APPLICABLE LAW

These Terms and Use are governed by the laws of the Province of Alberta, Canada.

 

CONTACT DETAILS

If you have any questions about these Terms of Use, please contact us by email at info@slbutterflyeffect.org.

 

You can also contact us through the feedback form available on our Site.

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