Terms & Conditions

Last Updated: May 2021 

These Terms of Service (these “Terms” or the “Agreement”) apply to all websites, software, applications, content, and products, including www.BRIJ.it and its related mobile application (collectively, the “Site”) provided by BRIJ, Inc. and any affiliates (“BRIJ”, “we”, “us” or “our”) and all services provided by us in connection with such Sites or otherwise, to you, whether individually or on behalf of any entity you represent (“User,” “Users”, “you” or “your”), as well as functionality or services we may choose to provide through some other mechanism (collectively, the “Services”).  These Terms govern your use of the Services.

PLEASE READ THESE TERMS CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND BRIJ.  IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES.  BY ACCESSING, UPLOADING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT (INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN OR AVAILABLE BY HYPERLINK); (2) YOU ARE AT LEAST 18 YEARS OLD, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICES; (4)  YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT; AND (5) YOU WILL NOT USE THE SERVICES, DIRECTLY OR INDIRECTLY FOR ANY FRAUDULENT UNDERTAKINGS IN ANY MANNER AND YOUR USE OF THE SERVICES WILL BE IN COMPLIANCE WITH THESE TERMS.  THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND BRIJ ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION SECTION.

  1. CHANGES TO THESE TERMS

We may change, modify, add or remove portions of this Agreement or our Privacy Policy (each, an “Update”) at any time and in our sole discretion upon notice to you, and such Updates will be effective immediately.  If we make Updates to this Agreement, we will change the “Last Updated” date above, which shall constitute notice to you.  Your continued use of the Services is deemed to confirm your acceptance of the Update.  We encourage you to frequently review this Agreement and our Privacy Policy to ensure you understand the latest terms and conditions associated with use of the Services.  If you do not agree to the Update, you must discontinue using the Services. 

  1. BRIJ SERVICES
  1. 2.1  For purposes of this Agreement, a “Brand” is a third party provider, manufacturer, or seller of certain retail products that are available for product registration and other features on or through our Services (“Products”). To the extent you use our Services as a purchaser or consumer to register Products that you purchased or acquired from a Brand, you are a “Consumer” hereunder.  
  2. 2.2  BRIJ provides a platform to allow consumers to register or reorder Products that they have purchased or acquired directly from the Brands or from a third-party retailer, connect and interact with Brands, access information about their Products, and other related functions that we may make available. 
  3. Please note, BRIJ is an intermediary between Consumers and Brands, and is not responsible in any way for the Products that you register with Brands or purchase from Brands through the Services, including without limitation any warranty or Product information provided by Brands.

2.3 Registering a Product.  When you register a Product through the Services, BRIJ will connect you with the applicable Brand of the Product.  To do so, we will share your Account information and engagement activity, including your contact information and Product registration history, with the applicable Product Brand.  BRIJ has no control over how such Brands will use your information, which use may include sending you marketing communications.  We encourage you to review each Brand’s privacy policy and all other applicable terms from each Brand prior to registering a Product.  We will not disclose your information to a Brand unless you register a Product from that Brand.  If you do want us to share your information with a certain Brand, do not register any Products from that Brand.   For detailed information about how we share your information, please see our Privacy Policy


  1. 2.4 Intellectual Property.  We and our licensors own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and all other elements (whether written or otherwise) related thereto (collectively, the “Materials”).  You agree to not directly or indirectly sell, copy, modify, transmit, license, publish, create any derivative works from, make use of, reproduce in any way or otherwise make unauthorized use of the Materials, without first obtaining our prior written consent.  You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any Materials.  Additionally, other content, trademarks, tradenames, service marks and other elements (whether written or otherwise) that may appear on the Services, including from Brands, are the property of their respective owners.  You agree to not directly or indirectly sell, copy, modify, transmit, license, publish, create any derivative works from, make use of, reproduce in any way or otherwise make unauthorized use of the of the same, and further agree to not remove, obscure or otherwise alter any proprietary notices appearing thereon.  

2.5 License.  Subject to your compliance with these Terms, BRIJ grants you a limited, non-exclusive license to access and use the Services using a supported web browser or mobile device solely for your own personal, non-commercial purposes.  This license is personal to you and may not be assigned or sublicensed to anyone else.  You agree not to use the Services for any other purpose.  All rights not expressly granted by BRIJ are reserved. 

2.6 Changes to Services.  The Services are evolving and may change over time.  BRIJ, its affiliates, and its licensors reserve the right to change, suspend, remove, or disable access to the Services or other materials comprising any part of the Services at any time without notice.  You agree that BRIJ may suspend or terminate your use of the Services or any portion thereof at any time, for any or no reason.  BRIJ may also impose limits on use of or access to certain features or portions of the Services without notice or liability.  You agree that BRIJ shall not be liable to you or to any third party for any modification, price change, suspension or termination of the Services. Additionally, you acknowledge that certain features or functionality in the Services is made available by Brands, and BRIJ has no control or responsibility for such features or functionality, nor for any modification, termination or unavailability of such features or functionality.  

2.7 Requirements.  Use of the Services requires compatible devices, internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors.  To register Products through Quick Response codes (“QR Codes”), you must have a device that is capable of scanning, and is compatible with, QR Codes. High-speed internet access is also strongly recommended.  The latest version of required software is recommended to access the Services and may be required for certain features and to load Products previously registered through the Services.  You agree that meeting these requirements, which may change from time to time, is your responsibility.  Although the Services may allow you to register Products with the applicable Brand, no purchase or acquisition of such Products shall be construed to represent or guarantee you access to the Services or any features thereon.

2.8 Feedback.  You may provide feedback, ideas and suggestions to BRIJ (collectively, “Suggestions”).  If you provide any Suggestions, you agree that: (i) your Suggestion(s) become our property and you are not owed any compensation in exchange; (ii) none of the Suggestion(s) contain confidential or proprietary information of any third party; (iii) we may use or redistribute Suggestion(s) for any purpose and in any way; (iv) there is no obligation for us to review your Suggestion(s); and (v) we have no obligation to keep any Suggestions confidential.

2.9 Lost and Stolen Products.  Our Services allow you to report that a Product that you registered through the Services has been lost or stolen, and allow finders of lost or stolen items to report those items to us as found.  If a User reports a found Product, and a User has registered that Product through the Services, we will share contact information of each User with the other so that return of the Product may be discussed and facilitated directly between the Users. BRIJ has no part of this produces other than exchanging contact information, and has no part in the communication between Users or the return of the Product. Note that we provide this service as a courtesy only and are not responsible in any way for the actions, inactions, or conduct of any Users’ use of this component of the Services.  We cannot guarantee that a finder of a lost or stolen Product will return the Product, and have no responsibility in connection with lost, stolen, or found Products. 

  1. YOUR SUBMISSIONS and Privacy

3.1 You are responsible for:  (a) all of your User Submissions (as discussed and described below), and (b) making sure that you have all the rights you need to your User Submissions.  In addition, you represent and warrant that your User Submissions will not violate any law, the rights of any third party, or these Terms, including, but not limited to Section 8 “Prohibited Uses” hereof.  Without limiting the foregoing, you represent to BRIJ that you have sufficient rights in and to (whether by ownership or by written license from the content owner) your User Submissions through the Services, including corporate logos and other trademarked or proprietary material or designs that you provide.

3.2 User Submissions.  You may be able to submit or post certain specific submissions to us or to Brands on or through our Services or Site, including, but not limited to, testimonials, product endorsements (including those relating to the Products), content, comments, questions, opinions, feedback, ideas, Suggestions or other materials (collectively, “User Submissions”).  BRIJ reserves the right (but not the obligation) to remove or edit such User Submissions, at its sole discretion.  You agree that BRIJ has no obligation (1) to maintain any User Submission in confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User Submission.  You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submission. 

You own any User Submission you submit to us or post on our Services or Site.  If you do supply a User Submission as part of the Services, you automatically grant to BRIJ, the applicable Brand to whom such User Submission relates (if applicable), its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews, and advertising Products from Brands.  

You understand and agree that we may share any User Submission relating to a Product with the applicable Product Brand, as well as other third parties. You further agree that any User Submission you post may be viewed by other Users and may be viewed by any person visiting or participating in the Services, or the public in general.  Although you may be able to remove your User Submission in some cases by specifically deleting it, in certain instances, some of your User Submission may not be completely removed and copies of your User Submission may continue to exist on the Services.  We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Submissions.

3.3  Privacy. Our Privacy Policy located at www.brij.it/privacy (“Privacy Policy”), describes our collection, use and disclosure of data and information in connection with the Services.  Our Privacy Policy is expressly incorporated into this Agreement, and by using the Services you agree to the collection, use and disclosure practices in our Privacy Policy.

3.4  Personal Location Data:  When you use our Services we collect location information from your device. If you would like to opt out of having this information collected, you can disable location access through the Settings menu on your mobile device, however, please note that even if you disable location access, we still may collect your IP address, which may contain certain limited location information.

3.5 Electronic Communications.  When you use parts of the Services or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on our Site or through the other Services.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.


  1. Brand PRODUCTS OR SERVICES

4.1 You acknowledge and agree that Products that you register on our Services are products of third-party Brands, not of BRIJ.  You agree that BRIJ is not responsible or liable in any way for such Products or for any related information, services, features, or functions related to such Products, including but not limited to accuracy of any such information.   Any use by you of Products or related information, services, features, or functions provided by Brands through our Services or otherwise is entirely at your own risk and discretion.    If you have any issue or problem with you’re a Product, any associated warranty, or need support related to a Product, please contact the Product Brand.    You acknowledge and agree that Brands are solely responsible for the Products, and that BRIJ is not and shall not be responsible in any manner for such Products.

4.2 Applicability. You may be able to purchase Products from Brands through the Services.  Brands may have their own terms of use and privacy policies that we encourage you to review.  PLEASE BE AWARE THAT YOU ARE PURCHASING SUCH PRODUCTS FROM THE BRAND DIRECTLY, AND BRIJ IS NOT A PARTY TO ANY SUCH TRANSACTIONS. YOU ACKNOWLEDGE AND AGREE THAT BRIJ IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR ANY PRODUCTS THAT YOU PURCHASE FROM A BRAND OR FOR THE TRANSACTION ITSELF BETWEEN YOU AND THE BRAND. 

4.3 Availability; Limitations or Refusals.  We do not guarantee the availability of any Product from a Brand, even if our Services or Site shows that a particular Product is available.  All descriptions of Products or Product pricing are provided by Brands and BRIJ is not responsible therefor.  Such descriptions and pricing are subject to change at any time without notice, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.  Any offer for any Product made on the Services or Site is void where prohibited.  

  1. ACCOUNT INFORMATION

You may be required to create an account to access certain Services, which will require you to provide us with certain personal information, which may include your name and email address, other contact information, information about Products that you have purchased, and, in some cases, payment information (“Account”).  This information will be held and used in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use.  In order to create your Account you will be required to set a password.  You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Account.  We will assume that if your login or payment method are used to access the Services, the User has the legal authority to use such login or payment method.  You must provide accurate and complete information in response to our questions and you are solely responsible for keeping that information current.  You agree not to share your account or login information, let anyone else access your Account, or do anything else that might jeopardize the security of your Account.  In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the login information, you must immediately notify us and modify your login information.  You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.

You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.

To the extent you are required to submit payment information to us for your use of the Services, we may use a third party payment service to process such information and facilitate the applicable payments.  By submitting your payment account information, you grant us the right to store and process your information with the third party payment service and agree that we will not be responsible for any failures of the third party to adequately protect such information.  The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to this Agreement.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.  You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.

  1. THIRD PARTY TOOLS AND LINKS

6.1 Tools.  We may provide you with access to third party tools, including from Brands, over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.  We shall have no liability whatsoever arising from or relating to your use of optional third party tools.  Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).

6.2 Links.  Certain content, Products and services available via our Services may include materials from third parties, including Brands.  Third party links on this Site may direct you to third party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.  The linked sites are not under our control, and we are not responsible for the content available on any websites linked to the Services or for any loss or damage that may arise from your use of them. 

  1. ERRORS, INACCURACIES, AND OMISSIONS

We are not responsible if information made available on our Services or Site, including any information from Brands and  information relating to Products, is not accurate, complete, or current.  The material on our Services and Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information, such as from Brands directly.  Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, warranty information, care instructions, promotions, offers, Product shipping charges, transit times and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice.

  1. PROHIBITED USES

In addition to other prohibitions as set forth in this Agreement, you are prohibited from using the Services, the Site or its content:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.  Without prejudice to our other rights or remedies, we reserve the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this Section 8, and to disclose such information to law enforcement agencies as we reasonably believe is necessary.

  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; RELEASE

9.1 Disclaimer of Warranties.  THE SERVICES, INCLUDING ANY PRODUCTS AND INFORMATION ABOUT SUCH PRODUCTS, AND INFORMATION FROM BRANDS, ARE MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  BRIJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, BRANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  BRIJ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. As between you and us, you assume all risk of harm or injury resulting from your use of any Products and your purchases or interactions with Brands.  We do not assume any obligation or liability with respect to any disputes between Users and Brands.  We are not liable or responsible for performance by any User or Brand.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING INFORMATION ABOUT PRODUCTS OR FROM BRANDS, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, MOBILE DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES.

WE MAKE NO GUARANTEE OF QUALITY, ACCURACY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SERVICES, INCLUDING ANY PRODUCTS AND INFORMATION FROM BRANDS THEREON, AND WE RESERVE THE RIGHT TO CHANGE, SUSPEND, WITHDRAW, AMEND OR VARY ANY FUNCTIONALITY OR FEATURE OF THE SERVICES WITHOUT NOTICE OR INCURRING ANY LIABILITY TO YOU.

9.2 Limitations; Waivers of Liability.  YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY PRODUCTS THEREON, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT BRIJ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCTS THEREON.  YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BRIJ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BRIJ LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BRANDS, OTHER USERS OF THE SERVICES, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, PRODUCTS, AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL BRIJ BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BRIJ IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.  YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BRIJ ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIJ IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

9.3 Release.  You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; (ii) any Products; (iii) any interactions with, or act or omission of a Brand; or (iv) any third party tools, links, or other content.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold BRIJ, its affiliates, contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.  BRIJ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BRIJ, and you agree to cooperate with BRIJ’s defense of these claims.  BRIJ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

  1. BENEFIT OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT BRIJ HAS OFFERED THE SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATION OF LIABILITY AND DAMAGES, AND THE RELEASE SET FORTH ABOVE.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATION OF LIABILITY AND DAMAGES, AND THE RELEASE SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BRIJ, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BRIJ.  BRIJ WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.

  1. BINDING ARBITRATION AND CLASS ACTION WAIVER

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association.  You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.

By using the Services in any manner, you agree to the above arbitration provision.  In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us.  YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.  Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.  You are entitled to a fair hearing before the arbitrator.  The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction.  In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us may be commenced only in the federal or state courts located in Suffolk County, Commonwealth of Massachusetts, United States of America.  You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your BRIJ account to which the opt out applies and a clear statement that you want to opt out of this agreement to arbitrate. You must sign the opt out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:

Attn:  Arbitration Opt-Out

BRIJ, Inc.

60 East 9th Street, 626

New York, NY 10003

  1. GENERAL PROVISIONS

13.1 Assignment.  This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you.  BRIJ may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party.  You hereby acknowledge and agree that if another company acquires BRIJ or substantially all of our assets (by sale, merger, or otherwise), that transaction may include a sale or transfer of your User information and you agree to such transfer without further action or confirmation.

13.2 Supplemental Policies.  BRIJ may publish additional policies related to specific Services such as applications for mobile devices, games, forums, contests or loyalty programs.  Your right to use such Services is subject to those specific policies and these Terms.

13.3 Headings; Entire Agreement.  The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.  The word “including” means “including without limitation”.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and BRIJ.  These Terms, any supplemental policies and documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and BRIJ, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.  Without limiting the foregoing, BRIJ objects to, and is not bound by, any term or condition that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, that differs from or adds to these Terms unless specifically agreed to in a signed writing by BRIJ; any order form, proposal, attempted acknowledgment or similar document containing terms inconsistent with, or in addition to, these Terms shall not be binding, and is expressly rejected by BRIJ.

13.4 Severability.  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.

13.5 Claims.  YOU AND BRIJ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO ANY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13.6 Survival.  Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, hereby do survive any expiration or termination of this Agreement or any termination of your use or access to any Services.

13.7 No Waiver.  The failure of BRIJ to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of BRIJ’s right to assert or rely upon any such provision or right in that or any other instance.  The express waiver by BRIJ of any provision, condition, or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.  Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by BRIJ shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of BRIJ.

13.8 Force Majeure.  BRIJ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BRIJ, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond BRIJ’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, outbreaks of disease, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

13.9 Governing Law.  These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York

13.10 Enforcement.  BRIJ reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms.  You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these- Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or a third party claim that your use of the Services is unlawful and/or infringes such third party’s rights).

SECTION 14 - APPLE APP STORE SUPPLEMENTAL TERMS

If you download and/or use our Services from a device made by Apple, Inc or from Apple’s App Store, this Agreement incorporates by reference the Licensed Application End User License Agreement (the “EULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the mobile application made available through the Services is considered the “Licensed Application” as defined in the AEULA and BRIJ is considered the “Application Provider” as defined in the EULA. If any of the terms of this Agreement conflict with the terms of the EULA, the terms of this Agreement shall control. 


CONTACT US

If you have any comments, questions, concerns, or suggestions about these Terms, please contact us at [email protected]

Brij Inc

60 East 9th St.

New York, NY 10003