Terms of Use

Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY TO READ THE TERMS OF USE BEFORE PROCEEDING TO USE THIS SITE. BY USING THE SITE, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO AGREE TO AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, THEN YOU MAY NOT USE THE SITE OR SERVICES.

ACCEPTANCE OF TERMS

The following Terms of Use Agreement (the "TOU") is a binding agreement with our users and others interacting with Harley Butler Trading Company, LLC (“Harley Butler™”), located at 12065 Tavel Circle, Dallas, Texas  75230, in association with the use of the Harley Butler™ website (the "Site") and its Services, as defined below. We recommend you print out a copy for your records of this Terms of Use Agreement.

SITE SERVICES

The Harley Butler™ Site is a website for the purpose of selling to you, and you purchasing from Harley Butler™ through e-commerce, furniture, lighting, furnishing accessories, and related materials. By visiting and using the Site, registering an account with Harley Butler™, and/or purchasing an item(s) from Harley Butler™, you engage in our Services and agree to be bound by this TOU.

All visitors to the Site shall be deemed as "users" for purposes of this TOU. An individual registering for our Services by creating an account will then be considered a "registered user."

The user and/or registered user acknowledges and agrees that the provided Services made available through the Site and any applications, including mobile applications and other applications which may be made available through various means are the sole property of Harley Butler™. Harley Butler™ may, at its sole discretion:

1. offer additional website Services and/or products and services, update, modify or revise any current content and Services, and when so doing, this TOU will apply to any and all such additions, updates, modifications or revisions unless otherwise stipulated,
2. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products and services.
3. you, as the end user and/or registered user, acknowledge, accept and agree that Harley Butler™ shall not be held liable for any such additions, updates, modifications or revisions, or the suspensions or discontinuance of any of our Services and/or products or services.

Your continued use of the Services provided after such addition, update, modification or revision is posted will constitute your acceptance of such. You should review this TOU frequently to ensure you remain aware of all of the terms contained herein. In addition, you acknowledge and accept that the Harley Butler™ Services and Site are presented and offered on an “AS IS” and “AS AVAILABLE” basis and, accordingly, Harley Butler™ is not obligated or responsible for not receiving, storing or retaining your cart or other user content, communications you send through the Site, or personal account or information settings. If you do not agree or consent to the added, updated, modified or revised TOU, you will and must immediately stop using the Harley Butler™ Site and Services.

PRIVACY POLICY

Every registered user's registration data and various other personal information are strictly protected by the Harley Butler™ Privacy Policy (see the full Privacy Policy at www.HarleyButler.com/pages/privacy-policy). As a registered user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for processing, storage or use by Harley Butler™ and/or our affiliates and fulfillment partners, and for compliance if we are requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. a) compliance with any legal process;
   b) enforcement of the TOU;
   c) responding to any claim that therein contained content is in violation of the rights of any third party;
   d) responding to requests for customer service; or
   e) protecting the rights, property or the personal safety of Harley Butler, its visitors, users and registered users, including the general public.

REGISTRATION

By becoming a "registered user" of the Site:

1. you must be at least 18 years of age to enter into and form a legally binding contract,
2. you must be in good standing and not an individual that has been previously barred from receiving Harley Butler's™ Services under the laws and statutes of the United States or other applicable jurisdiction,
3. you agree and consent that Harley Butler™ may collect information such as your name, e-mail address, birth date, mailing address, occupation, industry and personal interests,
4. you can edit your account information at any time,
5. that once you become a registered user with Harley Butler™ and sign in to our Services, you are no longer anonymous to us,
6. you understand and agree to furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process,
7. and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

By establishing an online account with Harley Butler™ and becoming a registered user, you have the following additional responsibilities:

1. you are the sole authorized user of your account,
2. you will be responsible for maintaining the secrecy and confidentiality of your password,
3. you are responsible for all activities that take place on or within your account,
4. you are responsible for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOU,
5. and it is your responsibility to notify Harley Butler™ immediately if you notice or become aware of any unauthorized access or use of your account or password or any other breach of security.

Harley Butler™ reserves the right to suspend, terminate and remove the registered user for knowingly providing any information of a false, untrue, inaccurate or incomplete nature and to refuse the current and future use of any and all Harley Butler™ Services. We further reserve the right to remove and/or delete any registered user and such content that would violate the TOU or which would otherwise be considered offensive to other visitors, users and/or registered users, and that we shall not be liable to you or any other third party with regards to the termination of your account. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. any breach or violation of our TOU or any other incorporated agreement, regulation and/or guideline;
   
   b) by way of requests from law enforcement or any other governmental agencies;
   
   c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
   
   d) unexpected technical or security issues and/or problems;
   
   e) any extended periods of inactivity;
   
   f) any engagement by you in any fraudulent or illegal activities; and/or
   
   g) the nonpayment of any associated fees that may be owed by you in connection with your Harley Butler account Services.

Further, to ensure the safety and privacy of children under 13, it is expressly forbidden by Harley Butler™ to permit use of the Site and Services if you are under the age of 13. Use of the Site and Services by a child between the ages of 13 and 18 must be done under the supervision of a parent or legal guardian who has agreed to be bound by the TOU on your behalf. If you are a parent or legal guardian who has agreed to be bound by the TOU on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

As a registered user of Harley Butler™, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to Sales@HarleyButler.com.

ACCEPTABLE USE AND USER GENERATED CONTENT

As a user or registered user of the Site, you hereby acknowledge, understand, agree and consent that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated, and Harley Butler™ has neither responsibility for nor guarantees the accuracy, integrity or quality of any such content. Further, by using the Site and Services, you acknowledge and understand that you may be exposed to content which includes, but is not limited to, errors or omissions in content posted, and/or any loss or damage of any kind which may be incurred as a result using any such content posted, emailed, transmitted or otherwise made available is not the responsibility of Harley Butler™.

You agree not to use the Site or Services of Harley Butler™ for the purpose of:

1. uploading, posting, emailing, transmitting, or otherwise making available any content that:
   1. shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
   2. may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
   3. you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
   4. is unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
   5. may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
2. causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any Harley Butler™ officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
6. interfering with or disrupting any Harley Butler™ Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
7. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
8. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
9. "stalking" or with the intent to otherwise harass another individual;
10. collecting or storing of any personal data relating to any other registered user or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs, and
11. the user or registered user will not replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Harley Butler's™ Site.

The Site may, at times, permit the user/registered user to submit content, including but not limited to, comments on product reviews, blog posts, requests for customer service, and general inquiries (“User Content”). As a user/registered user of this Site and Services, you:

1. are responsible for your own User Content and any and all consequences which may arise from posting on the Site, and acknowledge that such posting on the Site will not be confidential or proprietary,
2. represent and warrant to Harley Butler™ that:
   1. the User Content does not violate any intellectual property rights including, but not limited to, copyright, patent, trademark, trade secret, any law, rule or regulation, and that you do not have any expectation of privacy publicity through such posting,
3. you own or have the legal capacity to use such material or product, possess written consent to use the likeness, voice, name or other personally identifiable information of any person or persons included, referenced or otherwise featured in any User Content you post on the Site
4. will retain your right of ownership in and use of User Content which you originally create, and grant to Harley Butler™ a perpetual, royalty-free, irrevocable, sublicensable and transferable right and license to use, edit, modify, distribute, reproduce, duplicate, publicly display, and exploit using current and future media and technology,
5. further grant to each other user/registered user of the Site and Services a non-exclusive license to view, use, watch, reproduce, distribute, display, forward, and transmit your User Content, in whole or in part, likewise subject to this TOU.

Harley Butler™ expressly does not endorse, agree with, or condone any advice, opinion, recommendation, or instruction included within your User Content, and reserves the right without obligation to monitor, filter, and review User Content or other content sent to or through the Site. Further, Harley Butler™ reserves the right to refuse, delete, remove or otherwise take action to prohibit any User Content and/or to terminate any user/registered user’s access to the Site and Services if, in its sole and absolute judgment and discretion, determines that such User Content, user or registered user violates or has violated this TOU.

ORDER ACCEPTANCE AND FULFILLMENT

Harley Butler™ will use its best efforts to fulfill all orders, but cannot guarantee the availability of any particular product displayed on the Site, and reserves the right to discontinue the display, listing and sale of any product at any time without notice. Descriptions and prices for products and services are subject to change at any time without notice. Errors in information, including but not limited to, prices, descriptions, availability, and estimated shipping or delivery timeframes, will be corrected when discovered and Harley Butler™ reserves the right to revoke and/or rescind any stated offer to sell and to correct any such error, inaccuracy, or omission, including any order which has been submitted and in a status other than completed and shipped. If a product or service description or price is changed, and not the result of an error, inaccuracy, or omission, after an order has been submitted and payment received, the order will be fulfilled and completed at the price when the order was submitted and paid.

Completing the order submission process, in common terms referred to as the cart checkout, indicates your agreement and acceptance and that you will pay for the products and services purchased through the Site and Services. The risk of loss and title for such purchases passes to you upon Harley Butler’s™ delivery of the items or products to the shipping carrier, or upon delivery at the supplier warehouse for local option pickup.

Information is collected and tracked for purchases while the registered user is logged in to their account, and as such, Harley Butler™ owns all the data and information concerning these tracked purchases and will continue to own this data and information even if the registered user account is deactivated for any reason.

Harley Butler™ reserves the right to limit the quantity of items purchased per person, per account, per household, and per order as determined in its sole discretion, and may be applied to the same account, same credit/debit card, and/or the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

DISPLAY OF PRICES

Prices for products and services offered through the Site and Services represent the retail price at which Harley Butler™ is selling such product or service. Harley Butler™ may from time to time, and on certain but not all products or services, offer to sell products and/or services at a reduced price and will signify such with a “Sale” tag or notation on the product or service item page, and the regular retail price will be typically be shown with a strikethrough marking. The duration of the “Sale” is at Harley Butler’s™ sole discretion and can be discontinued without notice. “Sales” which are denoted with a defined duration, by indicating the start and end dates, will cease effective as of 11:59 P.M. CDT (CDST) on the indicated end date. If a “Sale” is discontinued on products and/or services for an unsubmitted order, the regular retail price will be applied to the product or service, not the “Sale” price when placed in the cart. Orders which are submitted, with such term being defined for this purpose as having successfully passed the “Place order” stage in the cart checkout process, prior to the “Sale” expiration date and time, but not otherwise processed, paid, or completed, will be honored at the “Sale” price.

USE OF COUPONS

Harley Butler™, may from time to time, extend reductions in regular retail prices on products and services offered for sale on the Site and Services through the use of Coupons. Coupons will be specific codes which the registered user is to input into the appropriate entry box on the virtual shopping cart. Coupons may and will vary with regard to:

1. applicable products and/or services, categories and/or brands offered on the Site,
2. the expiration date of the Coupon, applicability of use on “Sale” items or in combination with other promotions, minimum purchase or maximum purchase amounts, quantity of items to which the Coupon may apply, maximum number of times a Coupon may be used, maximum number of times a registered user may use a Coupon, and such other limitations which Harley Butler™ may determine in its sole discretion,
3. dollar amount or percentage factor which a Coupon may be applied to products or services offered for sale on the Site and Services, and
4. specific or groups of user or registered user emails as may be determined based on a desired marketing strategy to attract, retain, motivate or encourage users and/or registered users to purchase from Harley Butler™ using purchase parameters such as purchase frequency, date of last order, amount of last order, customer anniversary, customer birthday, referral reward.

You acknowledge that Harley Butler™ has no obligation or requirement to offer or extend a Coupon for any products or services offered on the Site or through its Services, has no obligation to offer or extend a Coupon for any dollar amount or percentage factor, has no obligation to offer or extend a Coupon for any length, duration or period of time, or for any reason as purchase or loyalty recognition, or to encourage or motivate any user or registered user to purchase from Harley Butler™.

RETURNS AND EXCHANGES

Returns and exchanges or refunds on undamaged items in an order can be made within 14 (fourteen) calendar days of delivery receipt. Refunds on returns will be processed to the original payment source. Harley Butler™ will not accept returns or exchanges after 14 (fourteen) calendar days, with all sales final at that point in time. Please refer to the Harley Butler™ E-Commerce Return and Refund Policy which may be viewed at www.HarleyButler.com/pages/return-policy.

Items which may be damaged in shipment are subject to adjustment through insurance claims with the shipment carrier. Please refer to the Harley Butler™ E-Commerce Shipment Claims Process which may be viewed at www.HarleyButler.com/pages/claims-process.

GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

The uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. By using our network, you agree and consent to comply with all applicable local rules relating to online conduct and acceptable Content, and the export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations and the sanctions control program of the United States.  You further state, pledge and affirm that you:

1. a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a registered user of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
   b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
   c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
2. d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

INDEMNITY

All users and/or registered users agree to be fully and wholly responsible for, and agree to indemnify and hold Harley Butler™, our subsidiaries, affiliates, agents, employees, registered users, officers, fulfillment partners, partners and/or licensors blameless or not liable for all claims, liability, damages, losses, costs and expenses which may include, but is not limited to, reasonable attorney fees, suffered by us and arising out of  any breach of the TOU by any user or registered user of our Site or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using a PC or other means of accessing the internet.

THIRD PARTY LINKS

In an attempt to provide increased value to users and registered users of the Site, Harley Butler™ or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse nor are we responsible or liable, directly or indirectly, for the privacy practices or any content, including misrepresentative or defamatory content of such external sites, including without limitation any products, advertising or any other materials, on or available from such third party sites or resources. You further acknowledge and agree that Harley Butler™ shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Harley Butler's™ Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Harley Butler or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Harley Butler™ Services (e.g. Content or Software), in whole or part.

Harley Butler herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Harley Butler™ for use in accessing our Services.

Information on copyright infringement or claims may be found in the Harley Butler™ Copyright Policy. This policy may be viewed at www.HarleyButler.com/pages/copyright-policy.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES, AND OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SPECIFIED IN WRITING AND AT YOUR SOLE RISK.  HARLEY BUTLER™ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, PERTAINING TO THE SITE SERVICES, INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE HARLEY BUTLER™ SERVICES, OTHER THAN AS EXPRESSLY SPECIFIED IN WRITING.

TO THE FULL EXTENT PROVIDED AND PERMISSIBLE BY APPLICABLE LAW, HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARLEY BUTLER™ DOES NOT

HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT THE SITE AND/OR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE SITE OR SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE HARLEY BUTLER SITE™ OR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; AND THAT HARLEY BUTLER™ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OR RESULTING FROM THE USE OF THE SITE OR SERVICES OR SOFTWARE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR ANY OTHER MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HARLEY BUTLER™ SITE OR SERVICE OR SOFTWARE, INLCUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING

THERE ARE CERTAIN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THIRD PARTY BENEFICIARIES

Through the use of the Site, you acknowledge, understand and agree, unless expressly stated in this TOU, that there shall be no third-party beneficiaries to this agreement. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

ENTIRE AGREEMENT

This TOU, as may be amended from time to time, contains the entire agreement between you and Harley Butler™ relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Harley Butler™ in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this TOU. You confirm that, in agreeing to accept this TOU, you have not relied on any representation save insofar as the same has expressly been made a representation in this TOU and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this TOU save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of this TOU.

DISPUTE RESOLUTION AND ARBITRATION

With regard to this TOU, both you and Harley Butler™ mutually agree that the relationship between the parties shall be governed by the laws of the state of Texas. Your use of this site indicates and affirms your consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dallas, Texas in all disputes:

• arising out of, relating to, or concerning the TOU, the Site and your use thereof;
• in which the Site and/or the TOU is an issue or a material fact; or
• in which the Site or the TOU is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the TOU, including without limitation this paragraph and the warranty disclaimers and liability exclusions above, and where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. It has been the intent of Harley Butler™ to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. It is your responsibility for compliance with applicable laws.

With the prior agreement of Harley Butler™, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or the TOU shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Dallas, Texas. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered in any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

WAIVER, SEVERABILITY AND SURVIVAL OF TERMS

Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision. If any part of the TOU shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this TOU and shall not affect the validity and enforceability of any of the remaining provisions of the TOU. Each provision of this TOU shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

EFFECTIVE DATE AND UPDATES

The effective date of this TOU is October 1, 2023. You agree that Harley Butler may modify and amend the TOU at any time in its sole discretion and without notice to you. When it is modified and amended, the modified and amended TOU will be made available on the Site for your convenience, and your continued use of these Services will constitute your acceptance of any modified terms in this TOU.