Terms of Service

Flutter Habit, LLC

TERMS AND CONDITIONS OF USE 

Effective Date: January 1, 2026

This website is owned and operated by Flutter Habit, LLC (“Flutter Habit,” “we,” “our,” or “us”). These Terms of Use apply to any Flutter Habit website that posts a link to this page (collectively, the “Site”). By accessing the Site, you consent to (i) these Terms of Use (“Terms”), (ii) our collection, use and sharing of your information as described in our Privacy Policy and (iii) any other legal notices, conditions or guidelines located within the Site. If you do not agree to these Terms, our Privacy Policy or any other legal notices, conditions or guidelines location within the Site, please exit our Site. If you have any questions regarding our policies or your use of our Site, please contact us by e-mail at help@flutterhabit.com or by mail to: Flutter Habit, LLC 3001 DALLAS PARKWAY SUITE 800, FRISCO, TX 75034.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. THEY APPLY TO ALL USERS OF THE SITE, REGARDLESS OF WHETHER THEY CREATE AN ACCOUNT ON THE SITE.

Changing Your Information

You are responsible for ensuring that information you provide in connection with any account you create on the Site is accurate and up to date. You may change or edit your information at our Site by logging into your registered account.

Provision of Services

You agree and acknowledge that Flutter Habit is entitled to modify, improve or discontinue any of its services at its discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Flutter Habit is entitled to provide services to you through subsidiaries, affiliated entities, or third-party service providers.

Ownership of Site Content

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site (collectively, “Site Content”) are protected by the copyright laws of the United States and other jurisdictions. All Site Content is owned by, or licensed to, Flutter Habit. Site Content may not be reproduced, modified, redistributed or otherwise used in any way without a written license with the applicable Site Content owner.

Use of Site Content

Flutter Habit grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and display on your personal computer or mobile device for your own use, but not copy or transfer or broadcast or otherwise use in any way, the Site Content found at this Site for your personal, non-commercial and educational use only. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Reservation of Rights

All rights not expressly granted by Flutter Habit herein are reserved. Nothing on the Site or in these Terms grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any Site Content or other materials of any third party, or may be construed to mean that Flutter Habit has the authority to grant any license on behalf of any third party.

Flutter Habit Trademarks

Flutter Habit trademarks, including the trademarks “Flutter Habit,” the logo, all page headers, graphics, images, symbols, trade names and other Flutter Habit marks found at the Site are the proprietary property of Flutter Habit (collectively the “Marks”). Use of the Marks is strictly prohibited without the prior written consent of Flutter Habit. YOU MAY NOT USE THE MARKS IN CONNECTION WITH  ANY AUCTION WEBSITE OR ONLINE MARKETPLACE, INCLUDING EBAY, AMAZON OR ANY OF THEIR AFFILIATES’ WEBSITES.

Third Party Trademarks

The trademarks of third parties may also appear on the Site from time to time; you may not use these trademarks without prior written permission of their respective owners. You acknowledge and agree that nothing on the Site grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the these trademarks, nor may anything be construed to mean that Flutter Habit has authority to grant any right or license on behalf of any third-party trademark owner.

Restrictions, Limitations and Conditions of Use

Any unauthorized use of our Site or Site Content for any purpose is prohibited. Your rights to this Site are given on the condition that you use the Site in accordance with these Terms. You may not use the Site for any unlawful purpose and you may not:

• access, solicit, collect or use any personally identifying information about any other users of the Site or anyone else;
• restrict or inhibit others from using the Site;
• transmit to or introduce at the Site any viruses, harmful software, or other modifications or changes to the Site or reverse engineer, decompile, disassemble, reverse assemble or modify any Site source or object code or any software or other services or processes accessible through any portion of the Site or Site Content;
• submit, upload, email or otherwise transmit any content or other materials, to or through the Site which (a) is threatening, abusive, defamatory, obscene, vulgar, offensive, or otherwise objectionable, or which may harm minors; (b) infringes or violates the rights of others, or (c) has an advertising, political marketing, promotional or other commercial purpose;
• engage in any activities that interfere with another user’s access to the Site or the proper operation of the Site; or
• distribute or copy any Site Content manually or by using any robot, scraper, crawler, or any other automatic device or process; frame or utilize framing techniques to enclose any Site Content; or use content from our Site in a manner that suggests an unauthorized association with any of our or our licensor’s products, services or brands.

Flutter Habit has no obligation to monitor your interaction with the Site, but reserves the right to review or monitor the Site and any user submissions, if permitted, in its sole discretion.

Creating and Terminating Accounts

Some of the features on the Site may require you to register for an account through an online registration process. When you register for an account, you will select login credentials and you agree that: You will not use a username (or e-mail address) used by someone else, that impersonates another person, belongs to another person, violates the intellectual property or other right of any person or entity or that is offensive. You will provide true, accurate, current and complete registration information about yourself during any registration process and will update it as needed to keep it accurate. You will immediately notify us of any unauthorized use of your account, password or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. You are solely responsible for all activities that occur under your account, password and username whether or not you authorize the activity. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password-protected portion of our Site using your name, username, or password. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations in this section. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated or incomplete, or violates these Terms, or any applicable law, we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account, or suspend or otherwise deny you access to it, or its benefits all in our sole discretion, for any reason, and without advance notice or liability.

Links to Other Sites

In using the Site, you may find that Flutter Habit provides hyperlinks to one or more third-party websites (the “Linked Sites”). Flutter Habit provides these links as a convenience for you and other users but is not responsible for the content of, or links to and from, the Linked Sites. Your linking to these Linked Sites is at your own risk. We encourage you to read the terms and conditions and privacy policies of the respective Linked Sites, should you choose to visit them since your use of those Linked Sites will be subject to their terms of use and privacy policies. A link from the Site does not imply a relationship with, or endorsement of, the Linked Site(s) or its content, purpose, policies, or business practices by Flutter Habit.

Contest, Sweepstakes and Other Promotions

From time to time, Flutter Habit may conduct promotions on or through the Site, including without ‎limitation, contests, rewards, sweepstakes and other promotions (“Promotions”).  Each Promotion may ‎have additional terms and/or rules of participations (“Promotion Rules”), which will be posted on ‎the Site or otherwise made available to you.  The Promotion Rules for each Promotion in which ‎you participate are deemed incorporated into and form a part of these Terms.  It is your ‎responsibility to read the Promotion Rules to determine whether or not your participation, ‎registration or entry will be valid or restricted, and to determine your participation requirements.‎

Loyalty Program

By enrolling in or participating in any Loyalty Program (the "Loyalty Program") offered by Flutter Habit, you expressly consent to be bound by these Terms. Participation in any Loyalty Program is contingent upon being at least 18 years of age and maintaining an active account with Flutter Habit. The Loyalty Program is void where prohibited by law or any regulatory framework, and it is incumbent upon participants to ensure their eligibility within the confines of local laws and regulations.

Upon joining the Loyalty Program, participants will accrue points or rewards ("Rewards") based on qualifying activities, which include, but are not limited to, purchases, referrals, and specific promotional actions, as may be more detailed in the Loyalty Program. The accrual, redemption, and specifics of these Rewards are subject to change at our discretion, in line with the Loyalty Program's structure and objectives. Rewards earned through the Loyalty Program are non-transferable and may not be exchanged for cash or other substitutes unless specifically permitted by the Loyalty Program terms. The sale, barter, transfer, or assignment of any accumulated Rewards, other than by us, is expressly prohibited.

We retain the unambiguous right to modify, pause, or terminate the Loyalty Program at any time, without prior notice, for any reason we deem appropriate. This includes changes to the structure, rewards, and eligibility criteria of the Loyalty Program. Participants will be informed of significant changes through updates to these Terms or other direct communications.

Our liability in relation to the Loyalty Program is limited to the extent permitted by law. We are not liable for any errors or omissions in the administration of the Loyalty Program, including but not limited to, errors in the allocation of Rewards to participants. Further, we maintain the right to revoke or otherwise redeem any Rewards allocated in error.

Referral Program

By enrolling in or participating in any Referral Program (the "Referral Program") offered by Flutter Habit, you expressly consent to be bound by these Terms. Participation in any Referral Program is contingent upon being at least 18 years of age and maintaining an active account with Flutter Habit. The Referral Program is void where prohibited by law or any regulatory framework, and it is incumbent upon participants to ensure their eligibility within the confines of local laws and regulations.

If Flutter Habit maintains a Referral Program from time to time, you will receive a unique referral link or code ("Referral Code") to share with others by visiting our referrals page. Here's how the process generally works:

Step 1: Advocate Signup - You sign up for our referral program and receive your unique referral link.

Step 2: Share Your Link - You can share your referral link via email, social media, or direct messaging. The link can be customized with your personal message.

Step 3: Friend Claims Discount - When someone clicks your link, they can claim their discount by entering their email address. This creates a pending referral.

Step 4: Friend Makes Purchase - Your friend uses their discount code to make a qualifying purchase. The referral status becomes completed once the order is fulfilled.

Step 5: You Receive Rewards - After your friend's order is marked as fulfilled, you receive your referral reward, as may be more detailed on a Referral Program page.

You are not eligible for rewards by referring yourself. If you set up multiple accounts in order to receive referral benefits, all of your accounts may be terminated, and you will be disqualified from future participation in any Referral Program.

Referrals are limited to one per household. If multiple members of the same household participate in the Referral Program, only the first person to participate will be eligible for referral rewards. Rewards are only for bringing new customers to the shop. If you try referring someone who has already made a purchase, the system won’t count it. You’ll receive your reward only after your friend’s order has been marked as fulfilled. This ensures the referred purchase is legitimate. Cannot “share the reward” on popular coupon sites. Rewards are only specified and limited to the friend who claimed the reward.

To maintain program integrity and prevent abuse, FlutterHabit may employ comprehensive fraud prevention measures, which may include, but are not limited to:

IP Address Monitoring: We monitor IP addresses to prevent multiple referrals from the same location or household. Referrals from similar IP addresses may be blocked to ensure fairness.

Email Validation: Email addresses are validated to prevent fake or duplicate accounts. Similar email patterns may trigger additional verification requirements.

Account Verification: We verify that referred customers are genuine new customers and not existing account holders attempting to circumvent program rules.

Automated Blocking: Our system automatically blocks referrals that show signs of fraudulent activity, including but not limited to: similar signup IP addresses, existing customer attempts, advocate exclusions, and suspicious order patterns.

We reserve the right to modify, suspend or terminate any Referral Program at any time for any reason. We will notify you of any changes to the Referral Program by updating these Terms or through other communications. Except as otherwise provided, all referral rewards expire twelve (12) months following the date the referral reward is earned.

 

Disclaimer, Limitation of Liability, and Indemnification

The materials, Site Content, any Loyalty or Referral Program and services offered on the Site are provided “AS IS” and ‎without warranties of any kind. To the fullest extent permissible pursuant to applicable law, we ‎disclaim all warranties, express or implied, including, but not limited to, implied warranties of ‎non-infringement, merchantability and fitness for a particular purpose. We do not warrant that ‎the use of the Site will be uninterrupted or error-free, that defects will be corrected, or that ‎the Site or the server(s) that make it available or any advertised or hyperlinked site are free ‎of viruses or other harmful components or that the Site, server(s), or advertised or ‎Linked Sites will be accessible at all times. We do not warrant or make any representations ‎regarding the use of the Site or any information contained therein, including Site Content, ‎with respect to correctness, accuracy, reliability, graphics, links or otherwise. You assume the ‎entire cost of all necessary servicing, repair or correction to any equipment you use to access ‎the Site. To the extent that applicable law may not allow the exclusion of implied warranties, ‎the above exclusions may not apply to you.‎

Documents, information, graphics and other materials appearing on the Site may include ‎technical inaccuracies, miscalculations, typographical errors, and out-of-date information. Use of ‎such documents, information, graphics or other materials is at your own risk.‎

You waive any and all claims and rights against us and our affiliates, parents, and successors ‎and each of our employees, assignees, officers, agents and directors (the “Flutter Habit Parties”) ‎resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to ‎the maximum extent permitted by applicable law. None of the Flutter Habit Parties will be liable to you ‎under any cause of action, for any direct, indirect, special, incidental, consequential, reliance or ‎punitive damages, including loss of profits or business interruption. You hereby agree to ‎indemnify the Flutter Habit Parties from and against any and all claims, liabilities, and expenses ‎‎(including reasonable attorneys’ fees), resulting from your use of the Site or any breach of ‎these Terms by you.‎

If you are a consumer, the provisions in these Terms are ‎intended to be only as broad and inclusive ‎as is permitted by the laws of your ‎state of residence. Certain states, like New Jersey, have ‎heightened consumer ‎protection laws that may make certain portions of these Terms ‎inapplicable ‎to you. Specifically, if you are a New Jersey consumer, certain ‎provisions do not limit or waive your ‎rights as a consumer under New Jersey law. The provisions in these Terms are intended to be ‎only as broad ‎and inclusive as is permitted by the laws of the State of New Jersey. No ‎provision of ‎these Terms shall limit or waive your rights as a ‎consumer under the law of your state of residence. ‎In any event, Flutter Habit reserves ‎all rights, defenses and permissible limitations under the law of your ‎state of ‎residence.‎

Unauthorized Dealers and Resellers

Flutter Habit’s products are sometimes sold by dealers or resellers that are not authorized to do so. Flutter Habit does not guarantee or warrant any of the products sold by unauthorized dealers or resellers. For example, dealers and resellers that sell Flutter Habit products through online marketplaces, like Amazon.com or Ebay.com, are not affiliated with, or authorized to do so by Flutter Habit. If a dealer or reseller is claiming they are authorized by Flutter Habit, please contact Flutter Habit to confirm whether that dealer or reseller is authorized or not to sell products on behalf of Flutter Habit. We urge you to make your purchase on our Site and otherwise to use caution when making a purchase from an unauthorized dealer or reseller.

Typographical Errors

In the event that a Flutter Habit product is mistakenly listed at an incorrect price on our Site, Flutter Habit reserves the right to refuse or cancel any order placed for any product listed at the incorrect price. Flutter Habit reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Flutter Habit shall issue a credit to your credit card account in the amount of the incorrect price. 

Ability to Accept Terms

You affirm that you are the age of majority in your jurisdiction and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Site is not intended for children under the age of eighteen (18). If you are under 18 years of age, then please exit now and do not use this Site.

Geographic Limitations

Flutter Habit controls and operates the Site in the United States. If you use our Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Site may describe products and services that are available only in the United States (or only parts of it). We reserve the right to limit the availability of our Site and/or the provision of any Site Content, program, product, service, or other feature described or available on our Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Site Content, program, product, service, or other feature that we provide. Further information on your rights regarding personal information collected on the Site are set forth in our Privacy Policy.

Choice of Law and Forum

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. Subject to the dispute resolution and arbitration provisions set forth below, you hereby consent and submit to the personal jurisdiction of the state courts located in Dallas, Texas and the federal courts located in Dallas, Texas. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these Terms must be in writing signed by an authorized representative of Flutter Habit to be valid. A waiverof any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE.

Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver

In order to expedite and control the cost of disputes, you and Flutter Habit agree that any legal or equitable claim relating to the use of this Site, participation in any Loyalty or Referral Programor the purchase of any Flutter Habit product from this Site (referred to as a “Claim”) will be resolved as follows:

1. Informal Resolution:

You and Flutter Habit will first attempt to resolve any Claim informally. In the event that any dispute between Flutter Habit and you arises out of or relates to: (i) these Terms; (ii) the Site; (iii) the purchase of any products from this Site; or (iv) participation in any Loyalty or Referral Program, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to help@flutterhabit.com.

2. Formal Resolution by Arbitration / Class Action Waiver.

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms, your use of the Site, participation in any Loyalty or Referral Program, or the purchase of any products from this Site, or the determination of the scope or applicability of arbitration shall be governed as set forth below.

If you and Flutter Habit cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding arbitration (“Arbitration”). By agreeing to Arbitration, both you and Flutter Habit understand and agree that all processes, such as a court action or administrative proceeding, to settle disputes shall be decided by a single arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and Flutter Habit each agree to settle disputes (except certain small claims as set forth below) only by Arbitration.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would. The Arbitration will be conduction under the JAMS Streamlined Arbitration Rules Procedures (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. You may in Arbitration seek any and all remedies otherwise available to you pursuant to the law of the governing state. If you decide to initiate Arbitration, Flutter Habit agrees to pay the Arbitration initiation fee and any additional required deposit required by JAMS to initiate your Arbitration. Flutter Habit agrees to pay the costs of the Arbitration proceedings. All other fees, such as attorneys’ fees and expenses of travel to the Arbitration, will be paid in accordance with JAMS Rules. The arbitration will be held at a location in the state of your residence if possible, unless you and Flutter Habit both agree to another location or virtual Arbitration. To initiate Arbitration, you or Flutter Habit must do the following things:

1. Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at jamsadr.com.
2. Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS [to your local JAMS office] or to JAMS, 8401 N. Central Expressway, Suite 610, Dallas, TX 75225
3. Send one copy of the Demand for Arbitration to the other party.

Special rules in the Arbitration Proceeding.

1. Except for errors of law, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction.
2. The substance of any dispute where public injunctive relief is available shall be decided by the ‎arbitrator. Only if the claimant succeeds on the claim permitting the remedy of a public injunction ‎may such claimant request that a court of competent jurisdiction enter an injunction in conformity ‎with the arbitral award. ‎
3. Neither you nor Flutter Habit shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity.

THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.

Accordingly, you and Flutter Habit agree that the JAMS Class Action Procedures do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.

Limited Time to File Claims

You agree that you will assert any Claim arising out of your use of any Flutter Habit Site or the purchase of any Flutter Habit product from this Site within one (1) year after the Claim arises, or such claim will be barred.

Severability and Enforceability

If any provision or portion of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms, and to take any other action we deem appropriate.

Provisions relating to Copyrights, Trademarks, Disclaimers, Limitations of Liability, Indemnification, Waiver, Modifications, User-Generated Content, Assignment of Rights, Choice of Law, Jurisdiction, Forum, Dispute Resolution, and Limitations on Time to File Claims, shall survive any termination.

Disclaimer for User-Generated Content

1. The Site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both general users and members of the Site.  You understand that we do not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Site and these Terms; (ii) submitting, posting or publishing your User Submission on or through the Site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms.  You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever. 
3. You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Site and servers and publish, distribute and display such User Submissions in connection with the Site and Grade Cosmetics’ (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties.  You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
4. In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage us or any third-party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam;” (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third-party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Site or any server, computer hardware, software or equipment. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein.  We reserve the right to remove or revise Site Content and User Submissions without prior notice.  We also reserve the right to decide whether Site Content or a User Submission is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length.  We may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms at any time, without prior notice and at our sole discretion. 
5. You understand that when using the Site, you will be exposed to User Submissions and third-party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third-party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.

Digital Millennium Copyright Act 

1. Notification.If you are a copyright owner or an agent thereof and believe that any User Submission or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site;
3. a description of the location on the Site of the allegedly infringing material(s);
4. your address, telephone number, and e-mail address;
5. a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for notice of claims of infringement is:

Compliance Officer
Flutter Habit
14305 W 95TH S LENEXA KS 66215
copyright@flutterhabit.com
Phone: 913-353-8597

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to customer service at help@flutterhabit.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

1. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the federal court of your jurisdiction and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, we shall send a copy of such counter notification to the original notifying party.  The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material.  If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.

1. In accordance with the DMCA and other applicable law, we will, in appropriate circumstances, terminate access, at our sole discretion, of any member or user that we find to be a repeat infringer of others copyrights. We may also, in our sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Flutter Habit through the Site are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Steward shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

Changes to Terms

We may revise these Terms at any time, with or without notice, by updating this page, and such revisions will be effective upon posting to this page. Please check these Terms periodically for any changes. Your continued use of the Site, or continued participation in any Loyalty or Referral Program, following the posting of any revisions to these Terms will mean you accept those changes. We reserve the right to alter, suspend or discontinue any aspect of the Site, including your access to it. Unless explicitly stated, any new features will be subject to these Terms.

General

Flutter Habit’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

We may assign, novate or subcontract any or all of our rights and obligations under these Terms at any time.

If you have any questions or comments on the Site or become aware of misuse of the Site by any person, please contact us at: help@flutterhabit.com.

Exclusions and Limitations; Consumer Protection Notice

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State or Country of residence. If you are a New Jersey consumer, the terms of Sections entitled Disclaimer, Limitation of Liability, Indemnification; Unauthorized Dealers and Resellers; Links to Other Sites; Disclaimer for User-Generated Content‎; Choice of Law and Forum; Limited Time to File Claims; Severability and Enforceability; and Geographic Limitations do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms as applied to you are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Flutter Habit reserves all rights, defenses and permissible limitations under the law of your state of residence. Notwithstanding the foregoing, nothing in this Section shall modify the Subsection B titled (“B. Formal Resolution by Arbitration / Class Action Waiver) of the Section titled (“Dispute Resolution; Information Resolution and Formal Resolution by Arbitration / Class Action Waiver”).

Entire Agreement

These Terms constitute the entire and exclusive agreement between you and Flutter Habit regarding the Site and its use, and supersedes all other agreements, understandings and communications, if any, whether oral or written.

Contact Us

If you have any questions regarding these Terms or your use of our Site, please contact us at by e-mail at help@flutterhabit.com or by using the mailing information below:

FLUTTER HABIT
3001 DALLAS PARKWAY STE 800
FRISCO, TX 75034