BRICK UNDERGROUND LLC
Effective Date: October 23, 2018
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE OR ANY OTHER SERVICES, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BRICK UNDERGROUND LLC
• Certain other products or services available through our Website may have their own terms and conditions or other agreements that apply to your purchase or use of that particular product or service.
To the extent that there is any conflict between this Agreement and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.
We reserve the right to withdraw or amend this Website, and any service or product we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, including if you opt-in to subscribe to our newsletter by providing your e-mail address.
By using our Website and our services or registering on our Website on behalf of a business, you represent and warrant that (a) all information you submit to our Website is information that you are authorized to submit and truthful, complete and accurate; (b) you will maintain the accuracy, truthfulness and completeness of such information; (c) you are 18 years of age or older; (d) you reside in the United States; and (e) your use of our Websites and our services or products does not violate any applicable law or regulation.
Whenever you provide us information on our Website, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may take any lawful action we deem necessary to protect our legal interests.
Brick Underground may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement (which may be effective immediately). The Effective Date of the current version of the Agreement is at the top of this page.
Your continued use of the Website, including but not limited to the posting of a new version of the Agreement constitutes your acceptance of any such changes. Subject to any limitations imposed by applicable law (including under Section 29 (Void Where Prohibited) and Section 30 (New Jersey Consumers), we may, with or without prior notice, terminate any of the rights granted by this Agreement. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
If you have any questions or concerns with respect to this Agreement or the Website you may contact a representative of Brick Underground by e-mail at [email protected].
This Website is operated by Brick Underground from its offices in the United States. You must be 18 years old and reside in the United States in order to use our Website. This Website is directed to adults in the United States and is not intended for children under the age of 18.
If you are younger than 18 years old please do not use this Website.
By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Brick Underground and meet all of the foregoing geographic residency and age eligibility requirements.
Notwithstanding anything to the contrary, while maintaining the requirement that all users be at least 18 to use our Website, if you are legally an adult (or the “age of majority”) in your state of residence, you have given us your consent to allow any of your minor dependents to use this Website and will be fully responsible for any breaches of this Agreement by any minors that you have authorized to use our Website, whether or not such authorization was otherwise permitted by this Agreement.
All content and materials provided on the Website are intended for general information, discussion, education and entertainment purposes only. Do not construe such content as either endorsed or verified by us. The content is provided “as is” and your use or reliance upon such materials remains solely at your own risk.
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Website. Some of the Content is provided by Brick Underground or its suppliers, and other Content is provided by persons ("Users") who use the Website, such as User opinions and views provided via posts to our Website.
While Brick Underground strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, Brick Underground cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Brick Underground or its suppliers, or by Users of the Website. We do not warrant that any Content available on the Website is reliable, current or error-free.
Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Brick Underground. Brick Underground does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
Brick Underground does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Website. As a general matter, we do not fact-check any User-generated Content.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any Contents.
This Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted), and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability of products or services of advertisers on our Website, and we and our advertisers reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Notwithstanding the foregoing, Brick Underground will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove or move any such Content.
Please bear in mind that all of the material you read in our user comments section comes from other users. Because our community is very large, Brick Underground cannot monitor or verify the information posted by our users. The comments, opinions, and statements posted on our comments sections are the views of the user who makes the post and don't necessarily reflect the views of Brick Underground. Such comments, opinions and statements, including advice and opinions, is the responsibility of those users who create the posts. Posts from users may contain information that is incorrect, inappropriate or illegal. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Please consult a qualified professional before relying on information you find in the user comment areas of our Website.
BRICK UNDERGROUND AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE, INCLUDING THE AREAS DISPLAYING USER GENERATED CONTENT. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF CONTENT POSTED IN THE USER COMMENT AREAS.
THE CONTENT AVAILABLE VIA THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BRICK UNDERGROUND NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING LEGAL, COUNSELING, INVESTMENT, ENGINEERING, ARCHITECTURAL, DESIGN, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS LEGAL OR INVESTMENT ADVICE, OR TO BE USED FOR LEGAL OR BUSINESS DECISIONS OR ACTIONS IN CONNECTION WITH ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM QUALIFIED ATTORNEYS, COUNSELLORS, INVESTMENT ADVISORS, ENGINEERS, ARCHITECTS, DESIGNERS OR OTHER PROFESSIONALS FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL WHO PRACTICES IN THE AREA OF YOUR INTEREST.
By using this Website, you are hereby acknowledging and agreeing that each of Brick Underground, its affiliates, advertisers and service providers, has the right to collect and analyze data and other information relating to the provision, use and performance of our Website and various aspects of the services and products offered by Brick Underground, its affiliates, advertisers or service providers (including, without limitation, information concerning data from any of its customers and data derived therefrom), and Brick Underground, its affiliates, advertisers and service providers, will be free (during and after the term hereof) to (i) use such information and data to improve and enhance its services and products and for other development, diagnostic and corrective purposes in connection with its current and future services products, and (ii) disclose such data solely in aggregate or other de-identified form without personally identifiable information in connection with its business. In addition, Brick Underground or its affiliates, advertisers or service providers may incorporate such data and analysis into any joint ventures with its affiliates or in selling such data and analysis (on an aggregate and de-identified form without personally identifiable information).
The rights and licenses granted under this Section 11 shall survive the termination of this Agreement.
General License and Restrictions on Use. We grant you a limited, revocable, non-transferable, and non-exclusive license.
General Personal, Non-Commercial License. Subject to the Restrictions on Use set forth in this Section 12 and any other limitations set forth in this Agreement, Brick Underground grants you a limited, revocable, non-transferable, and non-exclusive license (a) to access and make personal, non-commercial use of the Website in accordance with this Agreement, and (b) to view, copy, print, and distribute Content retrieved from the Website only for your personal, non-commercial use, provided, that, in all cases of subclauses (a) or (b), you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any other purpose without the prior written permission of Brick Underground. All rights not expressly granted in this Agreement are expressly reserved to Brick Underground. You must contact us to request permission to use any Content for commercial or non-commercial purposes.
Restrictions on Use. You understand and agree that you will not do or attempt to do or cause any third party to use the Website:
• In any way that violates (a) any applicable local, state, national, and international laws, rules and regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) or (b) guidelines or policies established by Brick Underground from time to time.
• To “mask” your IP address or country or jurisdiction of origin from which you are accessing the Website, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise, whether or not you are in compliance with our Website’s geographic residency requirements set forth in Section 6 (Age and Geography Restrictions for Users; Website is for US Residences Only);
• To impersonate or attempt to impersonate Brick Underground, any company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing) or falsely state or otherwise misrepresent your affiliation with any person or entity;
• To intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any Content that you submit or transmit through the Website;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Brick Underground or users of the Website or expose them to liability;
• To attempt to disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
• To provide Content that may be construed as abusive, harassing, tortious, defamatory, distasteful, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically or otherwise objectionable, offensive, controversial or illegal or inappropriate for any ages (as determined in our sole discretion);
• To frame or utilize framing techniques to enclose the Website or any portion thereof;
• To make any use of the Website or any content other than for personal use;
• “Stalk” or otherwise harass including advocating harassment of another, entrap, or harm any user or third party, including harming minors in any way;
• To engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law
• To engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam;”
• To use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
• To modify, reverse engineer, create any derivative works based upon the Website or use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
• To use any device, software, or routine that interferes with the proper working of the Website or that that imposes or may impose (as determined by Brick Underground in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• To use any meta tags, “hidden text,” robots, spiders, crawlers, rovers, or other tools or data-mining technology or process, whether manual or automated, to monitor, collect, cache, scrape, index, mine, republish, redistribute, transmit, frame, mask, sell, license or download the Website, content (except caching or as necessary to view the Website), extract data from, copy or distribute any data from the Website, or the personal information of others, in each case without our prior explicit written permission or authorization;
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website and services offered by the Website;
• To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
• To use or access the Website in any jurisdiction in which doing so would be unlawful;
• To otherwise attempt to interfere with the proper working of the Website or to use the Website for anything other than its intended purpose; or
• To assist, permit or encourage any person to perform any of the activities described above.
FTC Guide to Use of Endorsements and Testimonials. You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or coupon) in exchange for posting content on our Website, then you must disclose this in your posting. All disclosures must be made clearly and conspicuously.
License for Hyper-Links. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyper-link to pages and articles created by Brick Underground of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, any or all of our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as abusive, harassing, tortious, defamatory, distasteful, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, racially or ethnically or otherwise objectionable, offensive, controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, defamatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any non-public page of the Website that is restricted and not intended for general public access. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
We reserve the right, but shall have no obligation, to investigate your use of the Website in order to (a) determine whether a violation of this Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. Any unauthorized use by you of the Website or any or all of our content automatically terminates the limited licenses set forth in this Section 12 without prejudice to any other remedy provided by applicable law or this Agreement.
Your Obligations and Responsibilities. By accessing or using the Website, you agree that you will comply with this Agreement and any warnings or instructions on the Website. You agree that when accessing or using the Website or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any content that may appear on the Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of this Agreement, if you default negligently or willfully in any of the obligations set forth in this Agreement, you shall be liable for all the losses and damages that this may cause to us, our parent entities, any subsidiaries, affiliates, partners, advertising sponsors, or licensors.
Threatening and Abusive Actions by Users. We do not tolerate abuse of our Website and services provided on our Website. You do not have permission to add other users to your mailing list (email or postal), call, or send him/her text or electronic messages for commercial purposes, even if this user initially approached you through posting on our Website or other social media platforms used by us, unless the user has given his/her explicit consent. Sending unwanted or threatening email, text messages or postings is against this Agreement.
You agree that you will comply with applicable laws and this Agreement, and that you submit only accurate, lawful and interesting Content. For purposes of this Section 14, “Content” shall include without limitation any information, data, passwords, materials or other content provided by you, directly or indirectly, including your use of, and performance of, the Website and various aspects of the services and products offered by Brick Underground.
You are responsible for all Content that you submit, post, or otherwise make available to or through the Website. Any Content provided by you may not violate our policies or this Agreement. By doing so, you represent and warrant to Brick Underground that (a) such Content is not confidential and that you own all rights to any Content (or have an appropriate license to use the Content in this manner) and have all necessary permission to submit, post and otherwise make available such Content, and (b) that such Content and our authorized use of such submissions do not and will not infringe the rights of any third party (including without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
You may not represent or imply to others that your Content is in any way provided, sponsored or endorse by Brick Underground or our affiliates or sponsors or partners, or any other third parties other than yourself. You (not Brick Underground) are solely responsible for the consequences of sharing personal information about yourself on public areas of the Website, such as the home address or other personally identifiable information of you or others.
Ownership in Your Content. Brick Underground makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Website and you continue to retain all ownership rights (whether owned directly (or licensed) by you or your affiliates) in such Content and the right to use your Content as you determine.
By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without payment of any fees, Brick Underground, our affiliates and any service providers may use the Content for the purposes set out above. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attributions with respect to any Content provided by you.
We own all rights, title and interest in any compilation, collective work or other derivate work created by us using or incorporating Content provided by you (but not your original Content). When you use a feature on the Website that allows visitors to share, transform, re-adapt, modify, or combine user-generated Content with other Content, you grant us and our users an irrevocable, non-exclusive, royalty-free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, re-distribute, adapt, promote, create derivative works, and syndicate your content in any medium (including the Website) and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
We are not required to back-up, host, display or distribute any Content provided by you, and reserve the right to remove or refuse (in whole or in part) any Content submitted by you. We are not responsible for any loss, thef or damage of any kind to any Content provided by you.
The rights and licenses granted under this Section 13 shall survive the termination of this Agreement.
Brick Underground owns this Website. All right to, title to, and interest in the Content available via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of Brick Underground or its licensors. Everything on or used in connection with our Website, including but not limited to the Brick Underground name and logo, product images and descriptions, Website design, the look and feel of the Website, text, graphics, button icons, images, audio clips, page headers, trademarks, trade dress, content, the selection and arrangement thereof, and all software belongs to or is licensed to Brick Underground and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Content on our Website is provided to you “AS IS” only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Brick Underground reserves all rights not expressly granted in and to our Website, the Content, or any of our services or products. You agree to not engage in the use, copying, or distribution of any of the Website, the Content, or any of our services or products other than expressly permitted herein for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security related features of our Website or features that prevent or restrict use of Website, the Content, or any of our services or products s or copying of any Content or enforce limitations on use of our Website, the Content, or any of our services or products.
You must contact us to request permission to use content for commercial or non-commercial purposes.
Permission is granted to electronically copy and to print in hard copy portions of the Website for purposes of placing an order or for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
• You may store files that are automatically cached by your web browser for display enhancement purposes; or
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by Brick Underground or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Brick Underground or its affiliates without our prior written consent.
We respect the intellectual property of others and require that users of the Website do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Website’s use of privileges of users who are repeat infringers of intellectual property rights.
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send a written notice to our Designated Agent by e-mail or in writing via regular mail, for notices of infringement and provide the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material on the Website;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Designated Agent for notice for claims of copyright infringement is:
Brick Underground LLC
349 Fifth Avenue
New York, NY 10016
Please Use Above Contact Only for Copyright Infringement Notices. THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BRICK UNDERGROUND THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
Potential Trademark Infringement. If you believe that your trademark is being used somewhere on the Website in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at t[email protected]. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
All Other Inquiries. All other inquiries will not receive a response through this process and should be directed to our customer service group by using the “Contact Us” form on the Website.
You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
We are not responsible for the content of any third-party Websites --- even if they are linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us of the referenced content or product. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to users and should not be construed as an endorsement by Brick Underground of content, items, or services on those third-party Websites. Your access and use such Websites, including the content, items, or services on those Websites, solely at your own risk.
Similarly, if you post information on a third-party platform that references the Website (i.e. by using a hashtag associate with Brick Underground in a tweet), your post may be published on our Website in accordance with the terms of the third-party website or service. Also, both Brick Underground and the third-party may have access to certain information about you and your use of the Website and the third-party Website or service.
Brick Underground does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third-parties or any items or services that may be obtained from such third-parties, and you agree that Brick Underground will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third-party, or as a result of the presence of such third-parties on the Website.
BRICK UNDERGROUND IS PROVIDING THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ON AN “AS IS” AND AS AVAILABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE WEBSITE, THE INFORMATION OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR THROUGH LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE BRICK UNDERGROUND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATAOR NON-INFRINGEMENT.
WHILE WE WOULD LIKE TO CORRECT ANY ERRORS IN THE CONTENT ON OUR WEBSITE, WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR CONTENT ON OUR SITE AND ARE PUTTING YOU ON NOTICE THAT ANY INFORMATION OR CONTENT PROVIDED BY US, OUR WEBSITE, OR ANY PRODUCTS OR SERVICES OFFERED BY US OR ANY THIRD PARTY ADVERTISERS IS “AS IS” AND SHOULD BE CAREFULLY EXAMINED BY YOU WITH THE ADVICE OF PROFESSIONALS DOING YOUR OWN DUE DILIGENCE IN FINDING FACTS, INACCURACIES AND OTHER DEFECTS IN ANY INFORMATION OR CONTENT SET FORTH ON OUR WEBSITE. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS OR TRUTHFULNESS OF ANY CONTENT ON OUR WEBSITE AND YOU SHOULD NOT RELY UPON ANY SUCH CONTENT OR INFORMATION.
IN ADDITION, NEITHER BRICK UNDERGROUND, NOR ANY OF OUR AFFILIATES, RELATED PARTIES, REPRESENTATIVES, OFFICERS, EMPLOYEES OR AGENTS, MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED THAT (A) OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH OUR WEBSITE, WILL MEET YOUR REQUIREMENTS, (B) OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, OR MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM OUR SITE, ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS; (C) OUR WEBSITE WILL BE RELIABLE, UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, AND (F) ANY INFORMATION, DEFECTS OR ERRORS IN OUR WEBSITE OR SOFTWARE WILL BE CORRECTED,.
ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR WEBSITE OR OUR SOFTWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR WEBSITE, DIRECTLY OR INDIRECTLY, SHALL CREATE ANY WARRANTY.
BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.
BRICK UNDERGROUND AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEBSITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT BRICK UNDERGROUND IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BRICK UNDERGROUND, ITS AFFILIATES OR ANY RESPECTIVE REPRESENTATIVES BE LIABLE UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY ITEM PURCHASED DIRECTLY OR INDIRECTLY USING THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (E) ANY OTHER MATTER RELATING TO THE WEBSITE; (F) INTERRUPTION OF BUSINESS; (G) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (H) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (I) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (J) COMPUTER VIRUSES, HARMFUL CODE, DOS ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (K) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH OUR WEBSITE; (L) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH OUR SITE; (M) DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, COMMUNICATIONS FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, NATURAL DISASTERS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL (EVEN IF SELLERSFUNDING, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (M) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF SELLERSFUNDING, ITS AFFILIATES OR THEIR RESPECTIVE AUTHORIZED AGENTS OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING OUR SITE AND/OR THOSE SERVICES. . THESE LIMITATIONS WILL APPLY WHETHER OR NOT BRICK UNDERGROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY PRODUCT OBTAINED THROUGH THE WEBSITE OR THROUGH THIRD PARTY MEANS, INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO A PRODUCT CAUSED BY THIRD PARTIES OR THROUGH A TRAVEL MEDIUM.
FURTHER, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WHETHER OR NOT BRICK UNDERGROUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).
UNLESS OTHERWISE SPECIFIED BY THE LAWS IN THE APPLICABLE JURISDICTION, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITES.
YOU AND BRICK UNDERGROUND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Our SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
You agree to indemnify and hold harmless Brick Underground, its managing members, managers, members, directors, officers, employees, agents, and affiliates (the “Indemnified Parties”), from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees and disbursements) directly or indirectly related to (1) your breach of the Agreement; (2) your use of the Website or any Content on the Website in violation of any law, rule, regulation or this Agreement; (3) your violation of any third party right, including without limitation, any property right, copyright or privacy right; or (4) the Content you submit, post, or transmit through the Website.
You also agree to indemnify and hold harmless the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
This defense, hold harmless and indemnification obligation will survive this Agreement and your use of this Website.
Applicable law may not allow the limitation of liability, implied warranties or the exclusion or limitation of certain damages set forth above, so this limitation of liability may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the brick underground under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).
Brick Underground may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
We reserve the right at any time to charge fees for access to the Website, any services, or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to the Website or any services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) this Agreement.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Website. The provisions of this Agreement which by their intent or meaning are intended to survive such termination shall continue to apply indefinitely.
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
You acknowledge and agree that this Agreement constitutes the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
You agree that: (i) our Website shall be deemed solely based in New York, New York, USA; and (ii) our Website shall be deemed a passive website that does not give rise to personal jurisdiction over Brick Underground or any of its affiliates or service providers, either specific or general, in jurisdictions other than New York.
This Agreement and the resolution of any dispute related to this Agreement or the Website shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding between Brick Underground or its affiliates, on the one hand, and you, on the other hand, related to the Agreement shall be brought exclusively in a state or federal court of competent jurisdiction sitting in the borough of Manhattan in New York, New York, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts and to waive any defenses of inconvenient forum.
This choice of law provision is only intended to specify the use of New York law to interpret this Agreement and is not intended to create any substantive right to a non-New York resident’s ability to assert claims under New York law whether by statute, common law, or otherwise.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Unless otherwise specified in this Agreement, all notices under Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Written notice may be sent via first-class mail to Brick Underground LLC, 349 Fifth Avenue, New York, NY 10016 or via e-mail to [email protected]. You agree that we may send notices to you regarding your use of the Website by means of electronic mail, a general notice posted on the Website, or by written communication delivered either by overnight courier or U.S. mail to your email or mailing address as appearing in our records from time to time.
We administer and operate this Website from its location in New York, New York, United States of America; other Brick Underground Websites may be administered and operated from various locations outside the United States. We do not imply that the materials published on the Website are appropriate for use outside of the United States.
Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited.
We remind you that this Agreement forbids any visitor to the Website from “masking” an IP address or country or jurisdiction of origin from which you are accessing the Website, whether through a proxy server, virtual private network (“VPN”), Tor or otherwise (as set forth in Section 12 (Limited License Granted by Brick Underground to You and Use Restrictions)).
If you access the Website from outside of the United States, you do so on your own initiative (in breach of this Agreement which requires you to be a resident of the United States as set forth in Section 6 (Age and Geography Restrictions for Users; Website is for US Residences Only)) and you are responsible for compliance with local laws.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section 18 (Disclaimers of Warranties with Respect to the Website) or Section 19 (Limitations of Liability), the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act; (b) in Section 18 (Disclaimers of Warranties with Respect to the Website) or Section 19 (Limitations of Liability), the limitation on liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) in Section 18 (Disclaimers of Warranties with Respect to the Website) or Section 19 (Limitations of Liability), application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act; (d) subject to and only limited to the extent of limitations and prohibitions imposed by applicable statutory and case law in the State of New Jersey to New York limited liability companies under an agreement intended to be governed by New York law and transacting with New Jersey consumers, in Section 20 (Indemnification), the requirement that you indemnify Brick Underground and other Indemnified Parties (for example, to the extent the scope of such indemnity is prohibited or limited under New Jersey law); (e) in Section 27 (Entire Agreement; Applicable Law and Non-Waiver of Brick Underground’s Rights), the submission to the jurisdiction and venue of any state or federal court in the borough of Manhattan in New York, New York, to the extent deemed unenforceable under New Jersey law, and (f) in Section 27 (Entire Agreement; Applicable Law and Non-Waiver of Brick Underground’s Rights), the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If we do not act in relation to a breach by you or others of this Agreement, this will not be deemed as a further continuing waiver of such breach and does not waive our right to act with respect to such breach or subsequent or similar breaches.
Neither the course of conduct nor course of dealing between the parties, nor trade practice shall act to modify any provision of this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brick Underground LLC to any party at any time without restriction or limitations or any notice to you.
Your rights and duties under this Agreement are not assignable by you without the written consent of Brick Underground LLC.
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
In this Agreement, the term “Website” includes any email bulletins or other content that we provide to you via or initiated from this website.
Last Updated: October 23, 2018