ButterflyVista, LLC Terms and Conditions

AGREEMENT BETWEEN USER AND ButterflyVista, LLC (or its software products, technology, and/or consulting or marketing services including ButterflyVista.com and JobFish.com)

ButterflyVista.com and JobFish.com are comprised of various Web pages operated by ButterflyVista, LLC, a software design engineering firm based in Santa Monica, CA. ButterflyVista.com, JobFish.com or pages hosted by ButterflyVista, LLC are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of ButterflyVista.com or JobFish.com constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ButterflyVista, LLC reserves the right to change the terms, conditions, and notices under which the ButterflyVista.com or JobFish.com is offered, including but not limited to the charges associated with the use of ButterflyVista.com or JobFish.com.

Main Purpose

User agrees to provide personal information for the sole purpose of becoming a registered software customer, licensee or adopter of ButterflyVista, LLC’s software and/or online web portal products including JobFish, SI Metric, SI Metric for Kids, HollywoodPrize.com, JobFish.com and/or any future product or web portal launch release. ButterflyVista, LLC shall not share, collect, survey or question your interest or participation in ButterflyVista.com, JobFish.com or other website owned by ButterflyVista, LLC for any reason. The partner(s) of or ButterflyVista, LLC will not warrant or authorize the collection of such data from any third party vendor without the user's prior consent or request.

ButterflyVista, LLC is a software design firm that creates, codes and markets unique and original software and/or web portal products. Each of which requires users or licensees to maintain, open or create an online account and/or registration key(s) of ButterflyVista, LLC software and/or web online portal products as legal users per this agreement. Any attempt, proof or knowledge of any user currently registered or previously registered with a ButterflyVista, LLC software and/or web online portal product(s) that has copied, shared, downloaded or distributed illegally or without written legal consent by ButterflyVista, LLC shall be prosecuted for infringement and piracy to the fullest extent of copyright and trademark law in both Federal Court and/or in the State of California.

Main Information

Any and all of ButterflyVista, LLC’s databases are private and as such, are for use by subscribed users or paid licensees only. A subscribed user or licensee is defined as one with a unique user id and one unique password registered on a ButterflyVista, LLC owned website or paid customer of a ButterflyVista, LLC software product. If you are found to share passwords, software licenses, software registration keys and/or user accounts with any non-licensed users, we retain the right to revoke your account(s), subscriptions(s), software license(s), registration key(s) and password(s) without notice or refund.

No franchises, business opportunities or other business product or sales opportunities of any 3rd party or user, customer or licensee of ButterflyVista, LLC which REQUIRES a fellow ButterflyVista, LLC customer, client or partner to purchase a product or service not owned by ButterflyVista, LLC shall not be authorized by ButterflyVista, LLC or within the conditions of this agreement. Attempting or causing the aforementioned by such a user, customer or licensee will result in IMMEDIATE revocation and access to ButterflyVista, LLC website(s).

The contents of ButterflyVista.com (including without limitation all database information), and all elements that are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of ButterflyVista, LLC. You will not use or attempt to use, and will cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, or intelligent agents) to navigate or search ButterflyVista.com or JobFish.com other than the search engine, search agents, and email notifications available from ButterflyVista, LLC or its authorized partner(s) and other generally available third-party web browsers. You will not attempt to violate the security of ButterflyVista.com by any means, including without limitation, hacking, crashing the site by means of denial-of-service or similar attacks, and submitting a virus, attempting to interfere with the Butterflyvista, LLC server(s), other users and accessing data not intended for you.

ButterflyVista.com makes no guarantees and assumes no responsibility for the content of the site nor for the actions or conduct of its registered user(s), licensee(s) and/or account holder(s). You agree to indemnify ButterflyVista, LLC, its officers, directors, employees, its partner(s) and any agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this agreement or from your provision of any material to ButterflyVista, LLC, including but not limited to claims of breach of third-party intellectual property rights.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND / INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA / ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, BUTTERFLYVISTA.COM'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE TRANSACTION WHICH IS THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU OR OUR PARTNER(S) OR YOUR COMPANY TO BUTTERFLYVISTA.COM UNDER THIS AGREEMENT.

Purchasing Information

By digitally signing the agreement to software design, consulting, software license, registration key(s) and/or online marketing services rendered by ButterflyVista, LLC whether by eCommerce (including MasterCard, VISA, American Express, DISCOVER, or electronic check) or agreeing to Invoice, you hereby agree to abide by such terms of use, as they may be amended from time to time. If you breach any provision of this agreement, ButterflyVista, LLC reserves the right to (i) discontinue your access to software products, websites, online portals and services provided by ButterflyVista, LLC, and/or (ii) pursue all other available remedies to enforce this agreement and obtain payment due to us under this agreement.

In the event of your breach of this agreement, ButterflyVista, LLC shall be entitled to collect all of its costs and attorney fees incurred as a result of your actions. ButterflyVista, LLC may, in its sole discretion, impose a late fee equal to one and one-half (1.5%) percent per month on all overdue accounts as well as deny access on a permanent or temporary basis to you and/or your Company until payment and/or collections is received. This agreement (i) constitutes the entire agreement between the parties (herein defined as You and/or Your Company and ButterflyVista, LLC) with respect to the subject matter hereof and supersedes any previous oral or written agreements or understandings relating thereto as well as any purchase orders not supplied to ButterflyVista, LLC that have been or may from time to time be submitted by you, (ii) may be signed in counterparts, (iii) shall be governed by the laws of the State of California (other than the conflicts of law(s) provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned, in whole in or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of this agreement that may be invalid shall not affect the validity of enforcement of the remaining terms of this agreement. The terms and conditions of this agreement may not be amended without the affirmative written consent of ButterflyVista, LLC.

LINKS TO THIRD PARTY SITES

The ButterflyVista.com or JobFish.com Web Site(s) may contain links to other Web Sites (aka Link Partners or Affiliates). Link Partners or Affiliates are not under the control of ButterflyVista, LLC and ButterflyVista, LLC is not responsible for the contents of any Link Partner or Affiliate site(s), including without limitation any link contained in a Link Partner or Affiliate site, or any changes or updates to a Link Partner or Affiliate site. ButterflyVista, LLC is not responsible for web casting or any other form of transmission received from any Link Partner or Affiliate site. ButterflyVista.com is providing these links or affiliates to you only as a convenience only.

USE OF COMMUNICATION SERVICES

The ButterflyVista.com or JobFish.com Web Site(s) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, knowledge base(s) and/or other message or communication facilities designed to enable you to communicate with other registered user(s), licensee(s), or registration key(s) holder(s) or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files to ButterflyVista.com or JobFish.com database that contain(s) software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files to the ButterflyVista.com or JobFish.com database that contain(s) viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service unless authorized by ButterflyVista, LLC.
• Conduct or forward surveys, sweepstakes contests, cash lottos, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

ButterflyVista, LLC shall have no obligation to monitor the Communication between two parties on any of its websites. However, ButterflyVista, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ButterflyVista, LLC also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ButterflyVista, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable state of California law, regulation, legal process or federal governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ButterflyVista, LLC’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BUTTERFLYVISTA.COM OR JOBFISH.COM AND/OR ITS CUSTOMERS, PARTNERS OR CLIENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S) AT ANY TIME. ADVICE RECEIVED VIA THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S) SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BUTTERFLYVISTA.COM OR JOBFISH.COM AND/OR ITS CUSTOMERS, PARTNERS OR CLIENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S) FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CALIFORNIA LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUTTERFLYVISTA.COM OR JOBFISH.COM AND/OR ITS CUSTOMERS, PARTNERS, OR CLIENTS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUTTERFLYVISTA.COM OR JOBFISH.COM AND/OR ITS CUSTOMERS, PARTNERS, OR CLIENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S), WITH THE DELAY OR INABILITY TO USE THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S) OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE BUTTERFLYVISTA.COM OR JOBFISH.COM WEB SITE(S), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BUTTERFLYVISTA.COM OR JOBFISH.COM AND/OR ITS CUSTOMERS, PARTNERS, OR CLIENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION/ACCESS RESTRICTION

ButterflyVista, LLC reserves the right, in its sole discretion, to terminate your access to ButterflyVista.com or JobFish.com and its related products or services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Santa Monica, CA USA. in all disputes arising out of or relating to the use of ButterflyVista.com or JobFish.com. Use of ButterflyVista.com or JobFish.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership or agency relationship exists between you and ButterflyVista, LLC prior to agreement of the terms and conditions of this agreement. ButterflyVista.com or JobFish.com's performance of this agreement is subject to existing California laws and legal process, and nothing contained in this agreement is in derogation of ButterflyVista, LLC's right to comply with state and/or federal governmental, court and law enforcement requests or requirements relating to your use of ButterflyVista.com or JobFish.com or information provided to or gathered by ButterflyVista, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable California or Federal law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ButterflyVista, LLC with respect to ButterflyVista.com and JobFish.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ButterflyVista, LLC with respect to ButterflyVista.com and JobFish.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents, copyrights, software, technology, consulting services, logos, trademarks and intellectual assets presented, distributed, and/or provided on any website(s), software product(s) or otherwise by ButterflyVista, LLC including ButterflyVista.com and JobFish.com is solely owned and operated by ButterflyVista, LLC, 2118 Wilshire Blvd #753, Santa Monica, CA 90403-5784 except for or when such products, services, or licenses are not legally owned but licensed, either exclusively or non-exclusively by Butterflyvista, LLC. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Some example companies, organizations, products, people and events depicted herein may be fictitious for presentation purposes. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE.

Please contact support(at)butterflyvista.com if you have any legal questions or issues.

ButterflyVista, LLC

2118 Wilshire Blvd #753