Last updated: 6/17/2020
Welcome to Brick River, a service of Brick River Technologies, LLC (“BRT”, “we”, “us”). By indicating your acceptance of the following terms of service agreement (“Agreement”) you agree to be bound by and comply with its terms, so please read it thoroughly. You may not use or purchase Brick River services until you have indicated your acceptance of this Agreement.
We may revise and update this Agreement from time to time. If you are a registered user, we will attempt to inform you of any material changes by email. You may also view the most recent version of the Agreement on the Brick River website.
Subscription levels, pricing, and features are as published on the Brick River website at www.brickriver.com/pricing. We reserve the right to change subscription pricing and features at any time. Price increases and feature changes will take effect at the end of your then-current monthly or annual subscription period. We will inform you in advance of planned pricing increases and/or feature changes.
To cancel your subscription before incurring your first recurring charge, log in to Brick River and visit the Admin/Billing section or submit a help request using the "Help" link in the main menu.
Subscription fees will be billed to the credit card you have associated with your account or via an invoice depending upon your subscription plan. Some invoice-based subscriptions are billed in advance, and renew automatically monthly or annually unless cancelled or terminated. Renewals will be charged at the rate of the immediately preceding subscription period unless we have notified you of a new rate in advance.
Subscription fees are non-refundable. If you cancel your subscription early, you will not be refunded for the unused portion.
We offer a free trial version of Brick River. You agree and understand that this Agreement is applicable to your use of Brick River during the free trial period.
Conditioned on your compliance with this Agreement and fulfillment of applicable payment obligations, we grant to you a personal, limited, nonexclusive, nontransferable license to use the Brick River. All rights not expressly granted to you are reserved by BRT and its licensors.
You agree that you will not use Brick River in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify Brick River in any manner or form, (iii) copy, distribute, or create derivative works based on Brick River, (iv) exploit Brick River in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey Brick River or any elements thereof.
You agree that you are solely responsible for all activity occurring under your account, whether authorized or unauthorized. You are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of Brick River, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
Violations of these terms may result in immediate termination of your account.
You may cancel your account at any time by logging in to Brick River and following the steps outlined above.
We reserve the right to terminate or restrict your account and/or access to Brick River for any reason, including if we in our sole discretion consider your use of Brick River to be unacceptable or in the event of any breach by you of a material term of this Agreement. We may, but are under no obligation to, provide you with a warning prior to termination or restriction of your use of Brick River. We will not be liable to you or any third party for termination or restriction of your account and/or access.
Upon cancellation or termination of your account, we will archive all content you have uploaded to your account for as long as we in our sole discretion deem appropriate, after which we will delete that content and all other account information.
We reserve the right at any time to modify or discontinue, temporarily or permanently, Brick River (or any part thereof) with or without notice. We will not be liable to you or to any third party for such modification or discontinuation.
All rights in Brick River, the Brick River website, and all elements, components, and modules thereof, including the worldwide copyright, are and shall be owned solely and exclusively by BRT for the duration of those rights in each country, in all languages, and throughout the universe.
BRICK RIVER, the Brick River logo, and other trademarks, service marks, and logos used in connection with Brick River are trademarks or registered trademarks of BRT, in the United States and/or other countries.
We claim no ownership of any rights to any content you create with, upload to, or otherwise use in connection with Brick River, including, but not limited to any websites, web pages, images, graphics, photographs, video and audio files, text, and customer lists (“Your Content”). To the extent that you own the rights to Your Content, you retain those rights solely and exclusively. You hereby grant to BRT all rights necessary to copy, display, distribute, and otherwise use Your Content on, through, and in connection with Brick River, including the creation and distribution of websites, web pages, blog postings, email blasts, and any other collection and display of Your Content.
You represent and warrant that (i) your use of Brick River will comply with all applicable laws, and (ii) Your Content and your use of Brick River does not and will not violate the rights, including intellectual property rights, of any third party.
BRICK RIVER, INCLUDING ALL CONTENT AND INFORMATION MADE AVAILABLE THROUGH BRICK RIVER, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BRT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO BRICK RIVER OR ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH BRICK RIVER. BRT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
BRT DOES NOT REPRESENT OR WARRANT THAT BRICK RIVER WILL MEET YOUR REQUIREMENTS OR THAT IT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. BRT MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BRT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BRT DISCLAIMS ANY AND ALL SUCH WARRANTIES.
BRT is not responsible for any problems or technical malfunction of any website, network, computer systems, servers, providers, computer equipment, or software, or for any failure due to technical problems or traffic congestion on the internet or the services, or combination thereof, including any injury or damage to users or to any computer or other device on or through which Brick River is provided.
Under no circumstances will we be liable for any loss or damage, including direct, indirect, incidental, consequential, special, exemplary, and punitive damages, resulting from your use or misuse of, inability to use, or reliance upon Brick River, or from the conduct of any users of Brick River, whether online or offline.
BRT, its vendors, officers, directors, managers, shareholders, employees, agents, contractors, or licensors, will not be liable to you for (i) lost income, lost profits, loss of data, any direct, indirect, incidental, punitive, special or consequential damages, or claims of third parties, (ii) any loss or damage of any kind incurred as a result of the use of or reliance upon the completeness or accuracy of any information gathered through Brick River. These limitations of liability for such losses will apply even if we have been advised of or should have been aware of their possibility. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless BRT and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of Brick River in violation of any term of this Agreement, (ii) your use of Brick River in violation of any applicable law, including but not limited to the CAN-SPAM Act of 2003, or any rights of any third party, and (iii) any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized by you.
The laws of the State of New Hampshire, without regard to conflict of law provisions, govern this Agreement and your use of Brick River. You agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Hampshire for any claim or dispute with BRT or in any way relating to or arising from your use of Brick River.
A failure of BRT to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and us, and governs your use of Brick River, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
If you have any questions or concerns about this Agreement or Brick River, please contact us.