Terms of Use

LAST UPDATED: November 6, 2022

These Terms of Use apply to all websites that are owned, operated, and maintained by or for Brick Underground LLC (“we,” “us,” or “our”) such as www.brickunderground.com and other websites on which these Terms of Use are linked (“Site”) as well as your use of the services we provide and other transactions and engagements you might have with us such as your participation in our email newsletter program (collectively, “Services”).

  1. General Provisions

These Terms of Use together with the Privacy Policy (collectively, “Terms”) set forth the legally binding terms governing your use of the Site and Services unless you enter into a separate agreement with us for specific Services or in respect of specific transactions, such as a merchant, partner or affiliate transaction, in which case that Agreement will govern your relationship with us in connection with the contracted Services.

By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 18 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. All changes are effective immediately upon posting of the updated Terms to the Site. By continuing your relationship with us following the change, you acknowledge and agree that you shall be bound by the updated Terms. We suggest periodically visiting this page of the Site to review these Terms.

You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.

  1. User Guidelines

You agree that you will not use the Site or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Site or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Site or Services to commit fraud, engage in criminal activity, violate any applicable law or regulation, or interfere with the use of the Site or Services by others. You will not use the Site or Services for any commercial purpose. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Site or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines.

  1. User Data

We will maintain certain data that you transmit as part of the Site and Services for purposes of managing the Site and Services and providing the Site and Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site and Services. Please review our Privacy Policy for more information about our data collection, use, and disclosure practices.

  1. Termination

We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.

  1. Third-Party Products and Terms

The Site and Services may provide information or advertisements for certain third-party products or services. Nothing on our Site or in our Services constitutes an offer to sell a specific product or service to you. Information about products and services is subject to change without notice and we do not warrant its completeness, accuracy, or currency. This Site and Services shall not be used or relied upon by you as a substitute for information that is available to you from any of the third-party websites and services accessible from the Site and Services for the purchase of such products or services. We do not endorse any of the third-party products or services advertised, promoted, or linked via our Site or Services and will have no liability to you for failure of any third-party provider’s failure to perform their obligations to you.

  1. Site and Services Content

The Site and Services may provide articles, advice, recommendations, information, or other materials (collectively, “Content”) that are supplied by us or third parties and may permit you to provide Content. We do not warrant that any Content is accurate, complete, reliable, or timely. You access and rely upon Content at your own risk and we will have no liability to you for any actions or decisions you make in reliance on Content. We do not provide any legal, investment, or other professional advice and you need to consult your own professional advisors prior to taking any actions or making any decisions based on ANY Content. We have no obligation, but have the right, to edit, remove, or refuse any third-party Content. Third-party Content is provided by the relevant third party, and we do not endorse, sponsor, or approve any third-party Content.

  1. License to Your Content

If you provide Content to us, including without limitation by communicating with us through the Site, Services, or otherwise, you grant us a worldwide, unrestricted, irrevocable, sub-licensable (through multiple tiers), fully-paid, royalty-free license to distribute, publish, modify, edit, or otherwise use your Content for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

  1. Disclaimer of Warranties

The Site and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES AND ANY THIRD PARTY SITES AND SERVICES WHICH MAY BE ACCESIBLE BY HYPERLINK FROM THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.

We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.

  1. Non-Affiliation Disclaimer; Intellectual Property

Any product names, logos, brands, and other trademarks or images featured or referred to within the Site and Services and/or on any social media forum are the property of their respective trademark owners.  These trademark holders are not affiliated with us.  These trademark holders do not sponsor or endorse the Site or Services.  Further, we declare no affiliation, sponsorship, nor any partnerships with any registered trademarks unless otherwise stated.  If you believe that your trademark is being used on our Site or in connection with the Services in a way that potentially constitutes trademark infringement, please contact us at [email protected] and include in your correspondence the identity of the trademark owner, specific nature of the complaint, and at least a phone number and email address for us to contact you.

All Content within the Site and Services, including, without limitation, any images, text, sound, photos, custom graphics, button icons, photographs, videos, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or, to the extent necessary, are used on the Site or Services with permission. The absence of our name or logo on such materials does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo.

You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or, to the extent necessary, licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.

  1. Digital Millennium Copyright Act Notice

If you believe that any material on this Site infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:

Brick Underground LLC

Attn: Legal Affairs

246 5th Ave.

3rd Floor

New York, New York 10001

Email address: [email protected]

We require that you provide a written or email notice. In your notice, please include:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
  • Identification of the material that you claim to be infringing, and where the material is located on the Site;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
  • A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

We may need to contact you to obtain additional information prior to acting on your notice, and you give us permission to do so. Upon receiving actionable notice that any material on the Sites infringes a copyright, we will remove such material subject to applicable law. If we receive a counternotice, we will forward it to the person who requested removal. We do not investigate or resolve copyright disputes.

  1. Limitation of Liability

In no event will we or our affiliates, VENDORS, SERVICE PROVIDERS, officers, directors, owners, employees, CONTRACTORS, or agents be liable for any indirect, consequential, exemplary, special, incidental, or punitive damages or lost revenue, lost profits, Loss of GOODWILL/REPUTATION, or lost anticipated business (even if we have been advised of or could have anticipated the possibility of such damages) arising from or relating to these Terms, THE SITE, or the ServiceS, regardless of the form of action or theory of liability. Our aggregate liability for any liabilities, losses, costs, damages, and expenses associated with any claim or action related to, in connection with, or arising under these Terms, THE SITE, or the ServiceS, regardless of the form of action or theory of liability, will not exceed one hundred dollars ($100). To the extent a jurisdiction does not allow the limitation of some liabilities, some of the above exclusions may not apply to you.

  1. Governing Law

The Terms are governed according to the laws of the State of New York, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in New York, New York and the parties agree to the jurisdiction thereof.

  1. Indemnity

You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; (iii) your negligence or willful misconduct; or (iv) your Content.

  1. Links

The Site or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for those sites. Your linking to any other off-Site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

  1. Force Majeure

We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

  1. Feedback

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, irrevocable, sub-licensable (through multiple tiers), fully-paid, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

  1. Miscellaneous

The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.

Contact Information

If you have any questions about the Site, our Services, or the products we offer, please contact us using the information below or via our Contact Us form.

 

Brick Underground LLC

Email address: [email protected]