Terms of Service
Brick LLC
THESE TERMS CREATE A BINDING CONTRACT.
Please read these Terms of Service ("Terms") carefully because they form a contract between you and Brick LLC, our partners, employees, officers, directors, sponsors and affiliated companies (“we” and “us”).
The Brick is a hardware and software solution that disables distracting features of a user’s smartphone (the “Brick”).
By using the Brick you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. By agreeing to these Terms, you are representing to us that you are over 13 years old.
You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us and are not barred under any applicable laws from doing so.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
YOU MUST NOT USE THE SERVICE.
1. FEES
We charge a fee for the Brick. We reserve the right in our sole discretion to change Fees at any time as we deem appropriate.
2. CHANGES IN SERVICE
We may modify these terms or any additional terms that apply to the Service. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
3. ACCESS TO THE SERVICES
Only you may use the Services. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf. It is your responsibility to contact us immediately if your account is hacked, compromised or otherwise misused. You are responsible for all activities that take place with your account. We will not be liable for any loss or damage arising from any unauthorized use of your accounts.
If a third party such as an employer gave you your account, that party has rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account's usage and profile data, including how and when your account is used; and read or store content in your account.
4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION
By registering with us, you understand that we may send you communications or data regarding the Services, including but not limited to (a) notices about your use of the Services, and (b) promotional information and materials regarding our products and services, via electronic mail. We give you the opportunity to opt-out of receiving such non-mandatory electronic mail from us by following the opt-out instructions provided in the message.
We may also send you, in electronic form, mandatory notices about the Service and information the law requires us to provide. We may provide mandatory or required information to you by email at the address you specified when you signed up for the Service. Mandatory or required notices emailed to you will be deemed given and received when the email is sent. You cannot opt-out of receiving mandatory or required notices. If you don't consent to receive mandatory or required notices electronically, you must stop using the Service.
5. PAYMENTS AND REFUNDS
You must be authorized to use the payment method that you enter when you create a billing account. You authorize us to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may initiate payments (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE BRICK IS PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT FROM USING THE BRICK. WE FURTHER DISCLAIM ANY WARRANTY THAT CONTENT WILL BE DELIVERED FREE OF TECHNICAL FAILURE OR DEFECT OR THAT WE WILL MONITOR OR MANAGE ANY RIGHTS ASSOCIATED WITH ANY CONTENT.
IN NO EVENT SHALL WE OR OUR PARTNERS BE LIABLE FOR ANY GENERAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOSS OF OPPORTUNITY, BUSINESS, PROFIT, REVENUE OR ROYALTIES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, INFRINGEMENT OR OTHER THEORY OF LIABILITY, EVEN IF WE OR OUR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
7. CHOICE OF LAW, JURISDICTION AND VENUE, AND LIMITATIONS
This Agreement and the validity thereof shall be governed by and construed in accordance with the substantive laws of the state of Wisconsin, USA, excluding its conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The seat of arbitration shall be the city of Madison, Wisconsin USA.
8. ENTIRE AGREEMENT
These Terms (including the Privacy Policy) constitute the entire and exclusive agreement between you and us with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later.
9. SEVERABILITY
If a provision of the Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
10. RELEASE AND COVENANT NOT TO SUE
To the fullest extent permitted by law, you release and covenant not to us, our partners, our affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between you and an event organizer. In entering into this release you expressly waive any protections (whether statutory or) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
11. INDEMNIFICATION
You agree to indemnify us hold our subsidiaries, affiliates and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the “Indemnitees”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any Indemnitee resulting from or arising out of your violation of any law, breach of any representation or warranty in this agreement, or infringement of the rights of a third party, including intellectual property rights.
12. INTELLECTUAL PROPERTY
All trademarks, copyrights, software, content, know-how, proprietary technology and information, goodwill and other intellectual property created, developed or licensed by us is our exclusive intellectual property. Nothing herein shall create any assignment or license of our intellectual property to you or any third party.