Acceptance of Terms
Butterfly Biosciences, Inc. (referred to as “Company,” “us” or “we”), provides the website (https://www.butterfly.bio/) and associated websites (collectively referred to as the “Site”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgment and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND THE OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE
Intended Use. The information (including but not limited to, text, graphics, images, and other material) contained on this Site is provided for informational purposes only. No material on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified healthcare provider with any questions you might have regarding a medical condition or treatment before undertaking a new healthcare regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with access to the Site. You agree that the information and content available on this Site is provided “AS IS '' and that we assume no responsibility for the timeliness, deletion, miss-delivery, or failure to store any user communications or personalization settings.
Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by or in collaboration with third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their services on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your email account should you choose to provide it to us.
Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.
Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of the Company or its Affiliates. We (and our licensors) remain the sole owner of all right, title, and interest in the Site. We reserve all rights not granted under these terms.
Trademark and Copyright Notice. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company’s trademarks and Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Certain information, ideas, software and processes incorporated referenced on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
No warranty for Third-Party Infringement. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Limitation of Liability & Indemnification
We specifically disclaim any liability for any actions resulting from your use of the Site. You may use and access the Site at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access thereof.
Unless stated in the Additional Terms, we are not liable to you or anyone else for (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (i) resulting from loss of use, data, or profits, whether or not foreseeable, (ii) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (iii) arising from any other claim arising out of or in connection with your use of or access to the Site. Nothing in these terms limits or excludes our liability for gross negligence or fo our (or our employees') intentional misconduct.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR CONTENT.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Applicable Law and Jurisdiction
Applicable Law. These terms are governed by the laws of the State of California, in the United States of America, without regard for its conflict of laws provisions.
Exclusive Jurisdiction. Exclusive Jurisdiction. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Contra Costa County Superior Court of the State of California with respect to such matters that may arise.
Time-barred Claims. You agree that any claim you may have arising out of or related to your relationship with Butterfly Biosciences, Inc. must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Class Actions Waiver. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, a breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site and reporting you to the proper authorities, if necessary.
International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction.
Notices. All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to the attention of Customer Service at our address at P.O Box 5960 Berkeley, CA 94618. You agree to allow us to submit notices to you through the email address provided. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date if transmitted by confirmed email.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, pandemic, endemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force, and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.