Please read these terms carefully as they affect your rights.
By using mibutler.com, its sms / text concierge service, texting MiButler LLC you are agreeing to the terms below. Please read them carefully.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Use of Our Services
MiButler provides a platform that enables users of MiButler's Services to arrange and schedule the fulfillment of many different kinds of requests by third party providers of various services (each a "Third Party Provider").
The Services comprise a platform that presents you with a set of retailer virtual storefronts from which you can select goods for picking, packing and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. In some cases, picking, packing or delivery services may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).
When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that MiButler LLC and the Personal Shopper are acting as your agents in picking, packing and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailers you have selected, and that title to any goods passes to you when they are purchased at the applicable retailers’ stores. MiButler LLC will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the retailers and any separate MiButler LLC fees, and your card will be charged for the goods purchased by you and any applicable fees.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and MiButler LLC, MiButler does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
This is a contract between you and MiButler. You must read and agree to these terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a binding contract with MiButler, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By texting MiButler (MiButler LLC) you are binding to the terms of this document.
You must be at least 13 years of age (or the age of legal majority in your jurisdiction if different than 18) to be eligible to use the Services. Any use or access to the Services by anyone under 13 is strictly prohibited and in violation of this Agreement. Some requests may not be made via the Service by users under 18 or 21 years of age. In certain instances, MiButler may require you to provide proof of identity to create your account, or to access or use the Services, and you acknowledge and agree that you may be denied access or use of the Services if you refuse to provide such proof. The Services are not available to any Users previously removed from the Services by MiButler.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Services. MiButler reserves all rights not expressly granted herein in the Services and the MiButler Content (as defined below). MiButler may terminate this license at any time for any reason or no reason.
Prescription / Medication Delivery Services
MiButler is not affiliated with any pharmacy. By texting MiButler for prescription delivery, you agree to the following: MiButler is an agent of the patient (texter / person that is communicating with MiButler LLC). MiButler is not responsible for the integrity of the medications being delivered. MiButler is not responsible for any prescription or medication mistakes done by the pharmacy where the medications are being delivered from. MiButler releases its liability from what is in the prescription bag being picked up and delivered. MiButler does NOT open bags receive from ANY pharmacy and cannot verify medications. The medications being transported from the pharmacy to the patient(s) delivery address are sealed and will not be broken by MiButler. MiButler is not responsible for informing our patients / customers on how to take / use the medications, side-effects of the medications or medication specifics or complications. It is the patients responsibility to contact their pharmacy / pharmacist for questions regarding their medications. There is absolutely NO REFUNDS for prescription pick-up and delivery services. There is absolutely NO REFUNDS for the medications themselves. There is absolutely NO REFUNDS for the copays paid by MiButler on behalf of the patient(s). MiButler is only providing the pick-up and delivery service.
To receive same-day prescription delivery, your order must be submitted at least four hours before the pharmacy closes. Someone must be home in order to receive a same-day delivery. For the next-day delivery option, it is not required to have someone home. Over-the-counter medications and select store products can be added to delivery orders at check-out (MiButler cannot deliver any alcohol products, cigarettes or tobacco products).
Your MiButler account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a MiButler account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to MiButler with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. Your failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Services or our termination of this Agreement.
You are solely responsible for the activity that occurs on your account, and you must keep your account secure. You must notify MiButler immediately of any breach of security or unauthorized use of your account. MiButler will not be liable for any losses caused by any unauthorized use of your account.
By providing MiButler your phone number and email address you consent to our using the phone number and email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by emailing us at firstname.lastname@example.org. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Services (except that MiButler grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from http://mibutler.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. MiButler shall have no liability for your interactions with other Users, or for any User's action or inaction.