TERMS OF USE
Welcome to the Roasted Whisk Gifting Company (“Roasted Whisk”) website located at www.roastedwhisk.com (the “Website”). These terms of use (“Terms of Use”) govern your use of the Website, our social media applications and platforms, any of our merchandising channels, and any of our products and services available through these channels (collectively, the “Service”). The goal of the Service is to provide access to our wide selection of gift baskets, gourmet food, gifts, events, and other products and services. To ensure a safe and pleasant environment for all users, we have established these Terms of Use. This document outlines what you can expect from us and what we expect from you.
Please be aware that these Terms of Use contain a binding arbitration agreement and class action waiver that waive your right to a court hearing and jury trial.
Ownership
The Website and the Service are operated by Roasted Whisk LLC, with offices at 8636 W. Hillsborough Ave., Suite 219, Tampa, FL 33615 (the “Company”).
Age Restrictions
By using the Website, you represent that you are over the age of 18 and have the authority to enter into this Agreement. If you do not wish to be bound by these Terms of Use, please do not use this Website.
Consent to Use and Changes
These Terms of Use, along with our Privacy Notice and other referenced documents, represent the entire understanding between you and the Company regarding your relationship with us. You agree to be bound by these Terms of Use by accessing any part of the Service. We may amend these terms and conditions without prior notice. Your continued use of the Website means you accept the updated terms and conditions. We recommend regularly reviewing this page for updates.
Purchases
Payment terms displayed on our Service are part of these Terms of Use and govern all services and products offered. Prices and discounts are exclusive of applicable service and shipping charges, fees, surcharges, and taxes. Products and offers are subject to availability, delivery rules, and times, and cannot be combined with other offers. Prices and charges displayed on our Website may differ from those available in stores, catalogs, fairs, and trade shows and are subject to change without notice. The Company reserves the right to refuse any customer orders and to suspend, discontinue, or refuse offers and promotions in the event of advertising errors or suspected misuse or fraud.
Rights to Intellectual Property
We own or license all intellectual property rights in the Website and its content. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by the Company. You may not use, copy, reproduce, republish, transmit, distribute, or modify Company trademarks without prior written consent.
Linked Sites
The Website may contain links to third-party websites for your convenience. We are not responsible for the content, materials, or information on these linked sites and make no representations or guarantees about them. Access to linked websites is at your own risk.
User Submissions
The Company does not claim ownership of content you submit or make available on the Service. However, you grant the Company a worldwide, perpetual, royalty-free, irrevocable, transferable, non-exclusive right to use such content in any manner. You warrant that you own or control all rights to any User Submissions and that their use will not infringe any third-party rights. You are not entitled to compensation for User Submissions.
Termination
You or we may suspend or terminate your account or use of the Website at any time for any reason. We may block your access to the Website if you breach these Terms of Use, provide unverifiable information, or if we believe your actions may cause financial loss or legal liability.
Limitations of Liability
We are not responsible for any damages to your computer, telecommunication equipment, or other property arising from your use of the Website. In no event will the Company or its affiliates be liable for indirect, special, punitive, incidental, or consequential damages arising out of the use or inability to use the Website. Your sole remedy is to cease using the Website. The Company’s total liability for all damages related to your use of the Website shall not exceed $100.
Indemnity
You agree to defend, indemnify, and hold the Company harmless from any liabilities, costs, and expenses related to your use of the Website, your violation of these Terms of Use, third-party rights, laws, or regulations, and any User Submissions you provide.
Release
You release the Company from claims, demands, and damages arising out of disputes with other users of the Website.
Force Majeure
We are not responsible for damages or delays resulting from events beyond our control, such as natural disasters, war, civil unrest, labor strikes, or shortages of materials.
Relationship
Your use of the Website does not create an employment, agency, franchise, joint venture, or partnership relationship with us.
Choice of Law and Dispute Resolution
These Terms of Use are governed by the laws of the State of Florida, U.S.A. You agree to notify us in writing of any claims or disputes and to submit to the jurisdiction of state and federal courts in Hillsborough County, Florida. Any unresolved claims will be resolved through binding arbitration or small claims court. Claims must be commenced within one year after they arise.
Privacy Policy
We respect your privacy and have established a Privacy Policy to describe the information we collect, how we use it, and your options regarding your information. Please review our Privacy Policy for more details.
