We care about your privacy online, so here is relevant information regarding privacy on our website THEOTBUTTERFLY.COM. Our goal is to safeguard the privacy of all our visitors and users. Please make sure you understand our practices before you use our site.
2.0 No Children’s Use
Our website is not intended for children, which is defined as anyone under 13 years of age in the US and anyone under 16 in the EU. Anyone under the age of 18 must have a parent or guardian be willing to agree to these terms on their behalf. If you are a child under these definitions, you may not use or provide any information on this Website; use any of its features or register; make any purchases; use any of the interactive or public comment features; or provide any information about yourself to us.
If we learn that we have received personal information from a child without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at LAURAPETIX [AT] THEOTBUTTERFLY DOT COM.
3.0 Data: Do we collect it, and what do we do with it? (For EU visitors)
3.1 Data Collection Table
|PERSONAL DATA WE COLLECT||PURPOSE OF COLLECTING DATA||LEGAL BASIS FOR COLLECTION AND PROCESSING|
|NAME||Provide goods/services; Personalize website/email experience; Protect our company||We will ask for consent|
|EMAIL ADDRESS||Provide goods/services Send emails about goods/services||We will ask for consent|
|WHAT IS YOUR PROFESSION?||To answer questions and improve site experience and offerings.||We will ask for consent|
3.2 Who Has Access To The Data We Collect? We process and store data we collect from you, but we may also use third parties to assist us with processing your personal data including the following categories of vendors:
- Financial transaction processors (PAYPAL, VENMO, QUICKBOOKS)
- Customer service communication platform
- Contest and survey platform
- Email communication manager
- Marketing funnel providers
- Website management services
- Website design and programming services
- Website analytics services: Google Analytics
Any of these third parties who help process or store your data have written agreements with us that prevent them from using, sharing, or storing your personal data for any other purpose than the scope of our contracted terms with them.
3.3 Legitimate Interest: We claim a legitimate interest for processing your personal information when you submit the information with an expectation that it will be processed without any impact on you. If you have questions about your data, what we use it for, or the basis for us collecting it, please contact us at LAURAPETIX [AT] THEOTBUTTERFLY DOT COM.
3.4 How Long Do We Keep Your Data? We keep your personal data for differing periods of time depending on why we gathered it:
- Email Subscription Opt-In (Name, email, profession): 12 months
If a legal claim arises involving your data, we will store and disclose that data to the relevant parties until the matter has been resolved.
3.5 Your Right To Ask For Corrections, Erasure, And Export Of Your Data: You have the right to control your personal data. Specifically, you have the following rights:
- The right to be informed: We are informing you now with this policy.
- The right of access: We’ll provide you with the data we have about you.
- The right to rectification: Request we fix incorrect data about you.
- The right to erasure: Request we erase certain data about you.
- The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
- The right to data portability: Ask us to provide your personal data we have for export.
- The right to object: Object to how we use your data.
- Rights in relation to automated decision making and profiling: We don’t profile you, but keep in mind you have this right with other sites.
To exercise any of these rights, please contact LAURAPETIX [AT] THEOTBUTTERFLY DOT COM. with your request.
3.6 Your Right To Withdraw Consent:Although this is mentioned above, we want to emphasize that wherever we’ve asked for your consent to collect or process your personal data, you have the right to withdraw that consent. If you receive email messages from us, you can use the Unsubscribe link in each message to withdraw consent and stop the mailings. Alternatively, you can contact us at LAURAPETIX [AT] THEOTBUTTERFLY DOT COM with your request.
3.7 Do We Transfer Your Data To Third Countries? No. We are located in the United States. Your data is collected and held here.
3.8 Privacy Concerns, Contacting Us, Complaints: You can contact LAURAPETIX [AT] THEOTBUTTERFLY DOT COM with any questions or requests about these policies or your personal data. If, after contacting us, you feel a privacy issue has not be resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
Representative: LAURA PETIX
THE OT BUTTERFLY.COM
LAURAPETIX [AT] THEOTBUTTERFLY DOT COM
You can also send correspondence by mail to [113 Cherry St #92768, Seattle, Washington 98104-2205
3.9 Cookies and Similar Technologies:
4.0 For California Folks
4.1 Do Not Track Signals:Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor Do Not Track signals issued by browsers or other third-party sources.
4.2 California Eraser LawIf you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at LAURAPETIX [AT] THEOTBUTTERFLY DOT COM.
5.0 For Our Valued Friends Regardless of Location
5.2 Legal Disclosures of Personal Information:We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to 1) conform to the edicts of the law or comply with legal process served on us; 2) protect and defend our rights or property; or 3) act under exigent circumstances to protect the safety of the public or users of the site.
5.3 DMCA Disclosures:We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
5.4. Public Interaction with Others: If you interact with others on our website, such as participating in a group chat or a group online course, in a forum, or make a comment on a post, or otherwise interact with other users—they may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts. Please remember that any information you provide is not private and that the Internet rarely forgets. Any publicly posted can be viewed, well, publicly, and could be viewed by anyone, including family, friends, media, investigators, and potential employers conducting background checks.
5.5 Third Party Websites:We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of these sites before providing your personal information.
5.6 Sale of Business:
Should we sell a portion or all of this site or our business, your personal information will be an asset transferred to the new owner.
5.7 [Third Party Marketing: We may disclose your information to certain third parties [including Paypal, ConvertKit, website managers, Quickbooks] for the purpose of enabling them to contact you so that they can offer you relevant goods and services.
5.9 Advertisers: We may use third party advertising companies to run and manage our ads, such as google ads to manage ads that appear when you visit our site. These companies may use information about your visit to our site and others through cookies to offer you personalized ads. We cannot control the activities of other advertisers or sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices. You can also get instructions on how to opt-out of certain practices and/or tracking, by searching for >> Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-out Tool.
6.0. Miscellaneous Legal
6.2 Entire Agreement: The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
Disclosures & Disclaimers
Medical Advice Disclaimer
For general informational purposes only. Not intended to diagnose or treat any condition, illness or disease. Content from this site or connected social media channels is not intended to be used for medical diagnosis or treatment. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on this website. Please consult with a physician before starting any new fitness regime.
Professional Advice Disclaimer
For general informational purposes only. Nothing on this site is intended to be financial, legal or medical. Please consult with a licensed professional in their field of expertise in your jurisdiction.
These examples are not typical. Because of the variables associated with defining success, and because those variables are so personalized, it is impossible to accurately state what an individual may or may not achieve. Success is determined on an individual basis and is dependent on a variety of factors including willingness to take action and implement ideas based on what is taught, prevailing market conditions, target market selection, and the amount of hard work and effort an individual expends. The customers depicted in any testimonials have declared that the information shared is true and accurate of their experience. The written, audio and visual presentations offered may have been edited from their original versions. Some personal and private information has been removed in order to protect privacy.
FTC Affiliate Disclosure
We earn money by participating in affiliate programs. Many of the links on this website (and also those in our email newsletter) may earn affiliate commissions. This means we earn money when you purchase a product from our link, at no cost to you. When you see links on this blog, please assume they are affiliate links. However, all opinions shared are our own and we only share products and services that we love.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Website.
[The OT Butterfly] (herein referred to as “Company”) sells products and services on its Website and on 3rd party sites such as Teachers Pay Teachers or Boom Learning. As a condition of purchasing and participating in the Website, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Website, the Company shall provide you:
You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Website. You understand that a relationship does not exist between the parties after the conclusion of this Website. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
In consideration of your access to the Website, you agree to pay the following fees: the balance reflected on the sales checkout page (due immediately).
4.0. REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Website.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [LauraPetix at TheOTButterfly dot com] .
All purchases made through Teachers Pay Teachers or Boom Learning are subject to those website’s refund policy.
Specifically, you shall not share any information provided by other Website participants outside of the bounds of the Website, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Website contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Website with anyone other than the Company, it’s owners and employees, and other Website participants.
6.0. GUEST CONTENT
The Company may provide information from a third party in the form of a podcast guest interview, audio interview, interview on another platform, guest blog post, panel, roundtable, or other format. The Company does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.
7.0. NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Website and its products, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Website are the trademarks of their respective owners.
Your participation in the Website does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Website, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the digital products You purchased for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the product, in whole or in part. By purchasing, you further agree that You shall not create any derivative work based upon the products from the Website and You shall not offer any competing products or services wholly based upon any information contained in the products.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to the Website will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law.
Company, its contractors, or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the products on the Website. You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of Company in any type of copyright, trademark, or patent infringement proceeding. Your failure to comply with this prohibition constitutes infringement of the materials at issue.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by You of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.
8.0 INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide You with access to the Website, for information and educational purposes. The information contained in the Website, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.
9.0 FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.
You agree to hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Website and/or any information and resources contained in the Website. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website.
The information, software, products, and service included or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information in the Website. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers 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 the Company and/or its suppliers 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 Website, with the delay or inability to use the Website or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Website or any portion of it, your sole and exclusive remedy is to discontinue using the Website.
You may not assign this Agreement without the express written consent of Company.
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages You to periodically review the Terms to stay informed of our updates.
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, if You become disruptive to the Company or other Website participants, if You fail to follow the Website guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and related services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.
16.0 RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in [ORANGE COUNTY, CA.] You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
17.0 INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.
18.0 EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product/Website and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed, tested, or certified by any platform.
There is no guarantee that You will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas and techniques. We do not position this Website as a “get rich quick scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this Website/program.
Materials in our products or Website may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that You will achieve results similar to ours or anybody else’s, in fact no guarantees are made that You will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented “as is” without any guarantees.
Last Updated: [MAY, 2020]