Terms And Conditions • Multivendor MarketPlace

Vendor Agreement

By using the ButterBottoms.com web site (“ButterBottoms” or the “Site”), a service of ButterBottoms, LLC., you (the “user” or “you” or “vendor”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. Before you may become a third party of ButterBottoms, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on April 1, 2022 for current users and upon acceptance for new users.

Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with ButterBottoms’ policies. You also warrant that you may legally promote and sell the item as well as post pictures/videos/content of the item. You must accurately describe your item and all terms of sale on the ButterBottoms site. Your listings may only include text descriptions, graphics, pictures, videos (when applicable) and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

Shop Policies: All sellers are urged to outline shop policies for their ButterBottoms shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with ButterBottoms’ site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. ButterBottoms reserves the right to request that a seller modify a shop policy.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of

avoiding ButterBottoms transaction fees, misrepresent the item’s location, or use another user’s account without permission.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to ButterBottoms and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on ButterBottoms. Restricted Activities: Your Content and your use of ButterBottoms shall not:

Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third party’s copyright, patent, trademark, trade secret or other

proprietary or intellectual property rights or rights of publicity or privacy
Violate this Agreement, any site policy or community guidelines, or any applicable

law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ButterBottoms staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally

interfere with, surreptitiously intercept or expropriate any system, data or personal

information
Host images not part of a listing
Link directly or indirectly, reference or contain information about goods or services

offered external to ButterBottoms.
Link directly or indirectly to another website.
Modify, adapt or hack ButterBottoms or modify another website so as to falsely imply

that it is associated with ButterBottoms
Appear to create liability for ButterBottoms or cause ButterBottoms to lose (in whole

or in part) the services of ButterBottoms’ ISPs or other suppliers
Link directly or indirectly, reference or contain descriptions of goods or services that

are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on ButterBottoms

Furthermore, you may not list any item on ButterBottoms (or consummate any transaction that was initiated using ButterBottoms’ service) that, by paying to ButterBottoms the commission or transaction fee, could cause ButterBottoms to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Home Bakers

All home bakers are required to have their Food Handler’s Certification and/or cottage food license and must ensure they are compliant with all applicable laws (see legal section for further details). Additionally, each home baker must provide ButterBottoms evidence of their Food Handler Certification and/or cottage food license in order to sell goods on ButterBottoms (it also must be kept up-to-date – evidence of this must be provided as well). All of this is the responsibility of the home baker.

Contests (aka. ButterWars)

Contest winnings will be sent to the name and email address that was provided when the entry was submitted. It is your responsibility to make sure that it is accurate. Each contest may have different rules and awards – as such, check the ButterBottoms website for any deviations from the below.

For each contest the contestants must submit pictures and videos (as applicable) of their masterpiece (note that these must be your own photos/videos and you must have the legal right to post/share them). You must legally also be able to sell these creations online.
Every ButterBottoms member is allowed one vote. Each member is asked to virtually judge / vote based on:

o Professional Appearance o Creativity
o Design

Every member has a right to their own opinion / vote. And one member’s opinion will often be different than another’s opinion as it is subjective. All votes must be submitted before the end of the contest (see ButterBottoms site for end date). The winners of the virtual voting will be crowned “Crowd Favorites”. For the contests that are taste tested / judged, the “Crowd Favorites” will be the only creations judged based on taste. If you are a “Crowd Favorite” and the contest is one that will be judged based on taste, you must overnight the creation on the day of winning “Crowd Favorite” to the address provided to you so your creation can be taste tested/judged for final determination of winner (“Judges’ Favorite). Winners will be given spotlight on the website and a ButterBottoms gift card. The spotlight will be the name of the restaurant/bakery/store or individual (if a home baker) that won. Gift card amounts and duration of spotlight will vary based on contest; the specifics for each contest will be noted on ButterBottoms website. If a contest is taste tested / judged, the “Crowd Favorite” winners (who were judged solely virtually without being tasted) will not be

given an award or spotlight unless they became the final winner of the contest (“Judges’ Favorite”).
Note – if you are a “Crowd Favorite” the food submitted in the contest will likely not be the food that is shipped overnight for taste testing / judging (the initial creation will likely have spoiled by the time it’s time to taste test). Make a fresh batch and ship that for the taste testing (enough for 4 people).

Anyone who competes in a contest, we strongly suggest that you sell the food that you competed with.

ButterBottoms “Swag”

When shipping to a customer, a ButterBottoms sticker must be visibly present on each side of the shipping box (the out most shipping box). The rest of the most exterior shipping box will not have any other marketing swag. When ButterBottoms has custom boxes available for shipping, a ButterBottoms custom box must be used as the most exterior box (with no additional marketing swag).

ButterBottoms Commission Fee

For a baker to be on ButterBottoms – a 9% gross sales fee will be charged to customers on each transaction (collected by ButterBottoms). This commission fee includes the transaction fee as well as the payment processing fee.
ButterBottoms commission fee/structure is subject to change. At ButterBottoms, different vendors may have different fees/structures. When changes are applied to commission fee/structure a 30-day notice will be provided to you. An email constitutes a written notice. If for some reason, vendor fails to provide updated contact information – this does not negate the price change notification. Contact information must be kept updated by the vendor.

How it works – ButterBottoms receives payment from customer and will take its commission fee. Then ButterBottoms will pass the rest to the vendor (or home baker) within 14 to 28 business days (after receiving it from the customer).

Order Management

Each vendor is responsible for managing their own sales on ButterBottoms.com. All orders must be fulfilled (but a vendor can have limits on the number per day fulfilled). Each vendor should not sell on any given day more than they can handle for that day. In the rare event that this does happen, any orders that surpass that limit will be fulfilled at a later date that is agreed to with the customer.

Customer Disputes

If a customer is unhappy, it is at ButterBottoms discretion to determine how to remedy the situation. Some examples of remedy are: vendor shipping new product (at vendor expense) to customer, credit is provided to customer for food purchased (at vendor expense), etc.

ButterBottoms E-gift Cards

ButterBottoms e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in ButterBottoms.com online catalog. The recipient of an E-Card will be notified via email. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with ButterBottoms standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards do not expire. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E- Cards to other ButterBottoms Users’ accounts), (c) reload E-Cards, or (d) redeem unused E- Card balances if they cancel their ButterBottoms account. E- Cards are not currency, and do not have cash value outside of ButterBottoms. ButterBottoms is not responsible for any unauthorized use of an E-Card.

Content

License: ButterBottoms does not claim ownership rights in your Content. You grant ButterBottoms a license solely to enable ButterBottoms to use any information or Content you supply ButterBottoms with, so that ButterBottoms is not violating any rights you might have in that Content. You grant ButterBottoms a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow ButterBottoms to store or re-format your Content on ButterBottoms and display your Content on ButterBottoms in any way as ButterBottoms chooses. ButterBottoms will only use personal information in accordance with ButterBottoms Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another ButterBottoms user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ButterBottoms-related communications. ButterBottoms has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ButterBottoms user to your email or physical mail list. For more information, see ButterBottoms’ Privacy Policy. Re-Posting Content: By posting Content on ButterBottoms, it is possible for an outside website or a third party to re-post that Content. You agree to hold ButterBottoms harmless

for any dispute concerning this use. If you choose to display your own ButterBottoms-hosted image on another website, the image must provide a link back to its listing page on ButterBottoms.

Information Control

ButterBottoms does not control the Content provided by users that is made available on ButterBottoms. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using ButterBottoms, you agree to accept such risks and that ButterBottoms (and ButterBottoms’ officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ButterBottoms. Please use caution, common sense, and practice safe buying and selling when using ButterBottoms.

Other Resources: ButterBottoms is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ButterBottoms does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ButterBottoms shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and ButterBottoms, please contact ButterBottoms. Should you have a dispute with one or more users, or an outside party, you release ButterBottoms (and ButterBottoms’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. ButterBottoms encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

ButterBottoms, for the benefit of users, may try to help users resolve disputes. ButterBottoms does so in ButterBottoms’ sole discretion, and ButterBottoms has no obligation to resolve disputes between users or between users and outside parties. To the extent that ButterBottoms attempts to resolve a dispute, ButterBottoms will do so in good faith based solely on ButterBottoms’ policies. ButterBottoms will not make judgments regarding legal issues or claims.

ButterBottoms’ Intellectual Property

ButterBottoms is a registered tradename of ButterBottoms, LLC. in the U.S. and/or other countries. ButterBottoms’ tradename may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

Much of the information on ButterBottoms is updated on a real-time basis and is proprietary or is licensed to ButterBottoms by ButterBottoms’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access ButterBottoms for any purpose without ButterBottoms’ prior express written permission. Additionally, you agree that you will not:

Take any action that imposes, or may impose, in ButterBottoms’ sole discretion, an unreasonable or disproportionately large load on ButterBottoms’ infrastructure
Copy, reproduce, modify, create derivative works from, distribute or publicly display

any user Content (except for your Content) from the Site without the prior expressed

written permission of ButterBottoms and the appropriate third party, as applicable
Interfere or attempt to interfere with the proper working of the Site or any activities

conducted on the Site

Breach

Without limiting any other remedies, ButterBottoms may, without notice, and without refunding any fees, delay or immediately remove Content, warn ButterBottoms’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
ButterBottoms suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; ButterBottoms is unable to verify or authenticate any of your personal information or Content; Or ButterBottoms believes that a user is acting inconsistently with the letter or spirit of ButterBottoms’ policies, has engaged in improper or fraudulent activity in connection with ButterBottoms or the actions may cause legal liability or financial loss to ButterBottoms’ users or to ButterBottoms.

Privacy

Except as provided in ButterBottoms’ Privacy Policy, ButterBottoms will not sell or disclose personal information (as defined in the Privacy Policy) to third parties without user’s explicit consent.

No Warranty

ButterBottoms, ButterBottoms’ subsidiaries, officers, directors, employees, and ButterBottoms’ suppliers provide ButterBottoms’ website and services “as is” and without any warranty or condition, express, implied or statutory. ButterBottoms, ButterBottoms’ subsidiaries, officers, directors, employees and ButterBottoms’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from ButterBottoms shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Liability Limit

In no event shall ButterBottoms, and (as applicable) ButterBottoms’ subsidiaries, officers, directors, employees or ButterBottoms’ suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Butterbottoms’ services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. ButterBottoms’ liability, and (as applicable) the liability of ButterBottoms’ subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (A) the amount of fees you pay to ButterBottoms in the 12 months prior to the action giving rise to liability, and (B) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to indemnify and hold ButterBottoms and (as applicable) ButterBottoms’ parent, subsidiaries, affiliates, officers, directors, agents, 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 this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

No Guarantee

ButterBottoms does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ButterBottoms’ control.

Legal Compliance

Restaurants, bakeries, stores (the alike), and home bakers/chefs shall comply with all applicable domestic, state, local, and international laws, statutes, ordinances and regulations regarding your use of ButterBottoms’ service and your listing, purchase, solicitation of offers to purchase, and sale of items. You are responsible for knowing what the laws/requirements are in the area that you are selling as well as those applicable to you in your local area.
Note that there are likely different legal requirements between home baker’s shipping food and restaurant/bakery/store shipping food – you must comply with those applicable to you (in your area and the area you are shipping to). Legal compliance is the vendors responsibility.

Taxes

In accordance with state tax regulations, ButterBottoms collects sales tax on all applicable products. All products and shipping costs on Butterbottoms.com are subject to applicable taxes. Taxes are calculated based on the product purchased / where your order is shipping to.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and ButterBottoms are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

ButterBottoms Service

ButterBottoms reserves the right to modify or terminate the ButterBottoms service for any reason, without notice, at any time. ButterBottoms reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, ButterBottoms will notify you via email to the email address in your account. You are responsible to keep your email up-to-date on the ButterBottoms site. What constitutes a “material change” will be determined at ButterBottoms’ sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Arizona and disputes arising under this Agreement will be adjudicated by the courts of the State of Arizona.

Please note that by agreeing to this Agreement, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Survival

Each section of this Agreement shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to ButterBottoms Attn: 6959 W. Andrea Dr. Peoria, AZ 85383 (in the case of ButterBottoms) or, in your case, to the email address you provide to ButterBottoms (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, ButterBottoms may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to ButterBottoms. In such case, notice shall be deemed given three days after the date of mailing. You are required to keep your contact information and addresses up-to-date.

Disclosures

The services hereunder are offered by ButterBottoms LLC., located at 6959 W. Andrea Dr. Peoria, AZ 85383.

Contract Length

There is no contract length. If a vendor does not wish to use ButterBottoms service anymore, they are not required to continue service. However, a 30-day notice is required and vendor must finish / fulfill any current orders (regardless of delivery date); they will also be removed from the website.

Terms

These terms and conditions are in effect unless otherwise specifically stated. Terms can be changed at ButterBottoms discretion; if there is a material change a 30-day notice will be provided. Vendor must utilize butterbottoms.com for fulfillment of these services.

Subject to Change

All content in this agreement is subject to change and vendors/home bakers will be notified of any material updates.

Provision to Allow for Electronic and/or Photographic Signature

All electronic and/or photographic signatures are valid and considered original.
Any individual representing the vendor, confirms that they have the legal authority to represent the vendor and sign on behalf of the vendor.