Terms & Conditions
All prices displayed on this website (and in any other contact with us, our affiliates, retailers, or others in any way representing us) are in U.S. Dollars. Brittle Gifts may be redeemed solely at this website, and only during the time the gift code is valid. Expired codes have no monetary value to the holder as these funds have been transferred back to the account of the person who purchased the original gift code. Gift codes have no cash value and may not be redeemed for cash or applied as payment toward any other purchase from us.
Acceptance of this Agreement
Robinson Soft Brittle provides an online product gifting ecommerce platform. Our software permits consumers to place orders that send pre-paid gift codes to recipients, who will come to brittlegift.com (WEBSITE) to claim the gift, enter their delivery information (name, address, email, and notes). Once gift order is claimed, the Software notifies gift purchaser, and the claimant receives email updates regarding order fulfillment and delivery details. Robinson Soft Brittle is not a restaurant, delivery service, or ready-to-eat food preparation business.
If you access any of our websites, you, your heirs, assigns, and successors (collectively, "you" or "your") hereby represent and warrant that:
- you have read, understand, and agree to be bound by this Agreement;
- you are of legal age in the jurisdiction in which you reside to form a binding contract with Robinson Soft Brittle, LLC; and
- you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms "User" and "Users" refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
Rules & Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
- You will only use the Services for lawful purposes.
- You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
- You will not impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
- You will not use the Services to cause nuisance, annoyance or inconvenience, or to otherwise threaten or harrass any person or business.
- You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
- You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
- You will not use the Services in any way that could damage, disable, overburden or impair any Robinson Soft Brittle server, or the networks connected to any Robinson Soft Brittle server.
- You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any Robinson Soft Brittle server.
- You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Robinson Soft Brittle may use to prevent or restrict access to the Services or use of the Services or the content therein.
- You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
- You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
- You will not try to harm other Users, Robinson Soft Brittle, or the Services in any way whatsoever.
- You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
You may choose to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account, including the actions of any subordinate users set up under your account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Robinson Soft Brittle immediately. Robinson Soft Brittle will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Robinson Soft Brittle or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Robinson Soft Brittle has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Robinson Soft Brittle has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by Robinson Soft Brittle, or if you have been previously banned from use of the Services.
Communications with Robinson Soft Brittle
By creating a Brittle Gift account or by placing an order on our website, you electronically agree to accept and receive communications from Robinson Soft Brittle, including via email, text message, and calls necessary for performing the function of fulfilling your order as stated on our website, including contact with your gift recipient. Your information, and that of the gift recipient, will not be sold or divulged to any third party.
By creating a Brittle Gift account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Robinson Soft Brittle at email@example.com with "Revoke Electronic Consent" in the subject line. This will result in the deletion of your Brittle Gift account, and termination of any credit currently pending on the related account as we will have no way to track those funds. There are no refunds.
Limitation of Liability
GIFT CODES ARE PROVIDED ON AN 'AS IS' BASIS, AND ROBINSON SOFT BRITTLE, LLC ("RSB", the operators of this website) DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CODES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RSB AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CODES OR USE OF SUCH GIFT CODES. IN THE EVENT THAT RSB OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE ACTUAL PURCHASE COST OF YOUR GIFT CODE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
In the event that we are ever unable to resolve your concern, any disputes arising out of your purchase or use of the Gift Codes or these terms will be resolved entirely through binding individual arbitration in Kootenai County, Idaho, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Note: There is no judge or jury in arbitration, no class action, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to Robinson Soft Brittle, LLC, Attn: Arbitration, 9991 N. Lyle Loop Ste B, Hayden, ID 83835. You agree that the arbitration will be conducted by either the American Arbitration Association ('AAA'), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services ('JAMS'), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS's applicable rules. Robinson Soft Brittle, LLC will seek compensation for our attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions or in person in Kootenai County, Idaho.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ROBINSON SOFT BRITTLE, LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Idaho, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to the Gift Codes or use of the Gift Codes, including all disputes, will be governed by the laws of the United States and by the laws of the State of Idaho.
We reserve the right to make changes to these Terms at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Robinson Soft Brittle welcomes your questions or comments regarding the Terms:
Robinson Soft Brittle, LLC
9991 N. Lyle Loop Ste B
Hayden, ID 83835
Telephone Number: +1 (208) 610-1880
Robinson Soft Brittle, LLC
9991 N. Lyle Loop Ste B
Hayden, ID 83835
Telephone Number: +1 (208) 610-1880