DR. BUTZER’S BEST LLC - TERMS OF SERVICE

The following are terms of a legal agreement between you and Dr. Butzer’s Best  LLC (“we,” “us,” or “our”). By accessing, browsing and/or using this website, drbutzersbest.com, it's related web pages, interactive features and applications, and their respective contents, or any other website, forum, blog, or community feature linking to these terms, whether accessed via computer, mobile device or other technology (collectively, the “Web Site”), you acknowledge that you have read, understood, and agree, to be bound by these “Terms of Service” and comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to all these terms, we are unwilling to grant you access to the Web Site, and you must immediately cease use of the Web Site.

PLEASE READ CAREFULLY THESE TERMS (AND THEIR INCLUDED LINKED INFORMATION, SUCH AS OUR PRIVACY STATEMENT WHICH IS HEREBY INCORPORATED BY REFERENCE). BY ACCESSING, BROWSING OR USING THE WEBSITE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU (i) HAVE READ THESE TERMS AND THE PRIVACY POLICY, (ii) UNDERSTAND THEM, (iii) ACCEPT AND AGREE TO BE BOUND BY THEM, (iv) ARE ABLE TO FORM LEGALLY BINDING CONTRACTS, AND (v) AGREE TO COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO YOU, TO THE USE OF THE WEB SITE, AND/OR THE INTERNET. IF YOU ARE USING THE WEB SITE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT ENTITY TO THESE TERMS OF SERVICE.

In addition, certain portions of the Web Site may be subject to additional terms of service that we make available for your review or otherwise link to that portion of the Web Site to which such additional terms apply. By using such portions, or any part thereof, you agree to be bound by the additional terms of service applicable to such portions. In the event that any of the additional terms of service governing such portion conflict with these terms, the additional terms will control. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell products and Services to you.

1. ELIGIBILITY TO USE THE SITE: The Web Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are at least 18 years of age or the age of majority in their state or territory of residence (if higher than 18), and who are not barred from using the Web Site under applicable laws.

You may not use the products we sell for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS: We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to, and represent and warrant that you will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Web Site, or across to the Web Site for any purposes other than for your internal business purposes, or do any of the following:  

(a) Conduct or promote any illegal activities while using the Web Site or submit false or misleading information

(b) Attempt to reverse engineer or jeopardize the correct functioning of the Web Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Web Site. 

(c) Attempt to gain access to secured portions of the Web Site which you do not possess access rights, or circumvent the user authentication or security of the Web Site or any host, network or account related thereto.

(d) Create derivative works of the Web Site 

(e) Upload or transmit any form of virus, worm, Trojan horse, or other malicious code.

(f) Use the Web Site to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).

(g) Use the Web Site to stalk, harass, harm, abuse, insult, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

(h) Use any high volume automatic, electronic, or manual process to access, search or harvest information from the Web Site (including without limitation robots, spiders, or scripts)

(i) Interfere in any way with the proper functioning of the Web Site or interfere with or disrupt any servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site

(j) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.

(k) Frame the Web Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

(l) Interfere with or disrupt the integrity or performance of the Web Site or the data contained therein.

(m) Remove any proprietary notices or labels within the Web Site

(n) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

(o) To collect or track the personal information of others.

3. OWNERSHIP: You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Web Site (“Our Technology”) are 

(a)   Copyrighted by us and/or our licensors under the United States and international copyright laws; 

(b)  Subject to other intellectual property and proprietary rights and laws; and

(c)   Owned by us or our licensors.

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attach to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant you, by implication, estoppel or otherwise, a license to Our Technology.  

Certain names, logos, and other materials displayed via the Web Site (such as “Dr. Butzer’s Best” Word Mark and Logo) constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third-party software provided in connection with the Web Site will be governed by such third parties’ licenses and not by these Terms of Service. The Web Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.  

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and 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. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. MODIFICATIONS TO THE SERVICE AND PRICES: We reserve the right to modify or discontinue the Web Site, in whole or in part, with or without notice to you. Information may be changed or updated without notice. Dr. Butzer’s Best LLC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Prices for the products we sell are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. If you object to any such changes, your sole recourse will be to cease access to the Web Site. Continued access to the Web Site following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Web Site as so modified.

5. FEEDBACK AND COMMENTS: There may be instances where we solicit your suggestions, ideas, innovations, feedback or opinion regarding various areas of our business, the Web Site, or our products or services (“Feedback”). If you choose to send us your Feedback (as we hope you do), please understand that in order for Dr. Butzer’s Best LLC to accept your input, you must agree that Dr. Butzer’s Best LLC has your permission on an unrestricted basis to use, disclose, and exploit any such Feedback you provide and that Dr. Butzer’s Best LLC has no obligation to compensate or acknowledge you in any way or keep your Feedback confidential. By sending any Feedback to Dr. Butzer’s Best LLC you are indicating your agreement to these terms. If you do not agree with these terms, please do not submit any Feedback.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

(1)  to maintain any comments in confidence;

(2)  to pay compensation for any comments; or

(3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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 Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to 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. 

6. USER SUBMISSIONS: Dr. Butzer’s Best LLC does not accept and will not consider unsolicited submissions of ideas, creative materials, processes, comments, feedback or technology (each an “Unsolicited Submission”). Please note that any Unsolicited Submissions sent to Dr. Butzer’s Best LLC will be deemed NOT to be confidential. By sending Dr. Butzer’s Best LLC any Unsolicited Submissions, you grant Dr. Butzer’s Best LLC an unrestricted, irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, fully sublicensable, fully transferable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute those Unsolicited Submissions for any purpose whatsoever, including any ideas, concepts, know-how or techniques which may be included or disclosed therein. You hereby acknowledge that you grant Dr. Butzer’s Best LLC such rights in consideration of the right to access and utilize this Web Site and that Dr. Butzer’s Best LLC has no obligation to further compensate you or acknowledge your submission.

Dr. Butzer’s Best LLC will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

(a)   We obtain your permission to use your name; or

(b)  We first notify you that the materials or other information you submit to a particular part of this Web Site will be published or otherwise used with your name on it; or

(c)   We are required to do so by law.

You represent and warrant that you will not post or share any content through the Web Site that in any manner:

(a)   Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

(b)  Violates the privacy, publicity, or other rights of third parties; or

(c)   Is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by use in our sole discretion; or is false or inaccurate.

We may, but are not obligated to, delete or suspend user accounts and/or remove content if we determine or suspect that those accounts or content violate the terms of these Terms of Service. When you post or share any content to the Web Site regarding a third party, you represent and warrant to us that you have the third party’s consent to do so.

7. PRODUCTS OR SERVICES (if applicable): Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Terms of Sale & Refund Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

8. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. 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. 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.

For more details, please review our Terms of Sale & Refund Policy.

9. OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “AS IS” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

10. THIRD-PARTY LINKS: Content from other users and third parties may be made available to you through the Web Site (“Third Party Content”). Because we do not control Third Party Content, you agree that we are not responsible for any such content. We make no guarantees about the accuracy, currency, suitability quality of the information in such Third Party Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Third Party Content made available by other users or third parties, or violation of any third party rights related to such content.

Links on the Dr. Butzer’s Best LLC Web Site to third party web sites are provided solely as a convenience to you, and if you use these links, you will leave Dr. Butzer’s Best LLC’s Web Site. Dr. Butzer’s Best LLC makes no representations whatsoever about any other web site which you may access through this one. When you access a non- Dr. Butzer’s Best LLC web site, even one that may contain the Dr. Butzer’s Best logo, please understand that it is independent from Dr. Butzer’s Best LLC, and that Dr. Butzer’s Best LLC has no control over the content on that web site. In addition, a link to a non- Dr. Butzer’s Best LLC web site does not mean that Dr. Butzer’s Best LLC endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for you use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

12. GLOBAL AVAILABILITY: Information Dr. Butzer’s Best LLC publishes on the World Wide Web may contain references or cross references to Dr. Butzer’s Best LLC products, programs and services that are not announced or available in your country. Such references do not imply that Dr. Butzer’s Best LLC intends to announce such products, programs or services in your country. Consult your local Dr. Butzer’s Best LLC business contact for information regarding products, programs and services which may be available to you. 

Dr. Butzer’s Best LLC’s obligation with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from Dr. Butzer’s Best LLC off this web site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

13. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. 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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

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

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall Dr. Butzer’s Best LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. INDEMNIFICATION: You agree to indemnify, defend and hold harmless Dr. Butzer’s Best LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This provision shall survive the termination of this Agreement and remain in full force and effect.

16. DURATION OF ACCESS: you agree that we, in our sole discretion, may immediately terminate your access to the Web Site at any time, for any reason. You agree that we will not be liable to you or any other party for any termination of your access to the Web Site.

17. TAXES: Transactions conducted through our service may be subject to taxes in your jurisdiction. In the event Dr. Butzer’s Best LLC collects taxes as legally obligated, Dr. Butzer’s Best LLC will remit such taxes to applicable taxing authorities. The listed prices for items may not include taxes, but the taxes will be displayed before a buyer confirms the purchase. Taxes may be estimated based on offers made on items but remain subject to change if the final sale price differs from the original offer. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess estimated taxes upon purchase or sale, you will be ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Dr. Butzer’s Best LLC does not collect taxes on your behalf.

18. ELECTRONIC COMMUNICATIONS: The communications between you and us use electronic means, whether through the Web Site or via email. For contractual purposes, you 

(a) consent to receive communications from us in an electronic form; and

(b) agree that all terms of service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

19.  MOBILE DEVICES: If permitted or available through any feature of the Web Site, and you access the Web Site using text messaging or a mobile device or application, you are responsible for any and all service fees associated with any such mobile access, including all applicable data fees, and for complying with all terms of use imposed by the carrier

20.  SEVERABILITY: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

21. HEADINGS AND INTERPRETATION: The headings and sub-heading in this Terms of Service are included for reference purposes only and will not affect the meaning or interpretation of the Terms of Service in any way. The words “include,” “includes,” or “including” will be deemed to be follow by “without limitation.” The Terms of Service will be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.

22. TERMS SPECIFIC TO YOUR GEOGRAPHIC LOCATION: If you are a user in California, then certain provisions apply with regard to applicable laws.

Notwithstanding anything to the contrary in the agreement, the following takes precedence with respect to users in California.

California Civil Code

Under California Civil Code Section 1789.3, users from California are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contact in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

23. TERMINATION: The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

24.  DISPUTES:

For residents outside the EU and UK.

THIS SECTION SETS FORTH THE TERMS OF SERVICE PURSUANT TO WHICH DISPUTES BETWEEN YOU AND DR. BUTZER’S BEST LLC WILL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION (“ARBITRATION AGREEMENT”). PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND DR. BUTZER’S BEST LLC TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER.

With respect to any dispute, claim, or controversy arising out of or related to your access of the Web Site, any products sold or distributed through the Web Site, all rights and obligations and all actions contemplated by these Terms of Service shall be governed by the laws of Florida, as if the Terms of Service were a contract wholly entered into and wholly performed within Florida.

ANY DISPUTE AIRISNG OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE WEB SITE, ANY PRODUCTS SOLD OR DISTRIBUTED THROUGH THE WEB SITE, THESE TERMS OF SERVICE, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF DR. BUTZER’S BEST LLC OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE RESOLVED BY CONFIDENTIAL ARBITRATION BY VIDEO CONFERENCE OR, AT THE ARBITRATOR’S DISCRETION, BY IN PERSON HEARING IN THE COUNTY WHERE YOU RESIDE (UNLESS THE BATCH ARBITRATION PROCESS APPLIES) AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR WILL DECIDE YOUR CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR HAVE A JUDGE OR JURY DECIDE THE CLAIM. YOUR RIGHTS TO PREHEARINR EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.

It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such process.

Arbitration under this agreement shall be conducted by a sole arbitrator under the American Arbitration Association’s Consumer-Related Disputes Supplementary Rules in effect when the arbitration in commenced, except as they may be modified herein.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the “Demand”). The Demand must include:  

(1)  the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable), as well as the email address associated with any applicable account;

(2)  a statement of the legal claims being asserted and the factual bases of those claims;

(3)  a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; and

(4)  evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: 

(1)  the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution;

(2)  the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and  

(3)  the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. 

Subject to the Batch Arbitration process described below, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and

(i)             no arbitration or proceeding shall be joined with any other;

(ii)           there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures;

(iii)         the parties waive and there is no right or authority for any dispute to be brought in a purported collective, representative capacity on behalf of the general public or any other persons, or mass action basis; and

(iv)          only individual relief is available. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS OR REPRESENTATIVE PROCEEDING.

To increase the efficiency of administration and resolution of arbitrations, you and Dr. Butzer’s Best LLC agree that in the event that there are one hundred (100) or more individual Demands of a substantially similar nature filed against Dr. Butzer’s Best LLC by or with the assistance of the same law firm, group of law firms, or organizations, within a sixty (60) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Procedural Arbitrator”). In an effort to expedite resolution of any such dispute by the Procedural Arbitrator, the parties agree the Procedural Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Procedural Arbitrator’s fees shall be paid by Dr. Butzer’s Best LLC if the party seeking the appointment of the Procedural Arbitrator is Dr. Butzer’s Best LLC. The Procedural Arbitrator’s fees shall be shared equally by you and Dr. Butzer’s Best LLC if you are the party seeking the appointment of the Procedural Arbitrator. 

You and Dr. Butzer’s Best LLC agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration. which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Changes to this arbitration agreement shall not apply to any claim that was filed in a legal proceeding against us or you prior to the effective date of the modification. You may opt out of any such changes within thirty (30) days after an update has taken effect by writing Dr. Butzer’s Best LLC at the following address: 9432 Peabody Court, Boca Raton, Florida 33496. If you opt out of an update, the last set of agreed upon arbitration terms will remain in force.

The Terms of Service evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this agreement to arbitrate and any arbitration proceedings. 

For residents of the EU and UK.  

Any disputes arising from the interpretation, validity and/or execution of these Terms of Service shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms of Service are governed by and must be interpreted in accordance with the laws of the country of the competent court. According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

25. ENTIRE AGREEMENT: The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

26. GOVERNING LAW: Regardless of your place of residence, your use of the Web Site in accordance with Terms of Service is governed by the laws of the State of Florida and not by the laws of any other jurisdiction (except where the laws of another jurisdiction mandate the application of that jurisdiction’s laws). As a result, and except where these Terms of Service state otherwise or where the laws of another jurisdiction mandate the application of jurisdiction in your state or country of residence, you submit to the exclusive jurisdiction of the courts of Florida.

27. CHANGES TO TERMS OF SERVICE: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

28. OUR NOTICES TO YOU AND CONTACT INFORMATION: You agree that we will provide notices and messages to you within the service or if required, via email or regular mail. You may provide Dr. Butzer’s Best LLC notice, and such notice will be deemed provided once received by Dr. Butzer’s Best LLC, addressed via mail to the address noted in the below “Contact Us” section.

29. CONTACT US: Please contact us with any questions or comments about service at:  

Dr. Butzer’s Best LLC
9432 Peabody Court
Boca Raton, Florida 33496

Telephone: (561) 289-4024
Email: info@drbutzersbest.com

If you have any questions about these Terms of Service or would like to report a violation of these Terms of Service, please contact us at info@drbutzersbest.com.