Brick Industry Association User Agreement

Last revised: June 1, 2018

BRICKINFO.ORG USER AGREEMENT

Welcome to gobrick.com's User Agreement. This Agreement is a legal agreement between you and the Brick Industry Association, its subsidiaries, and affiliates (collectively, “BIA,” “we,” “us,” or “our’) regarding your use of the BIA website located at gobrick.com and any associated mobile sites or applications, products, software and other proprietary services ("Services"). By using the Services, you are agreeing to the terms and conditions included in this Agreement (the "Terms of Service"). While using the Services, please be aware that your access to and use of the various information, documents and services offered by BIA (the “Materials”) are subject to these Terms of Use.

1. The Services. This agreement covers your use of BIA’s Services on this site only. Your use of services on other sites will be covered by separate agreements. Our Services are available only to individuals who can form legally binding contracts under applicable law, and therefore, excludes minors. THE SERVICES ARE NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE SERVICES.

2. Use of the Services. You may use the Services for personal and business purposes. However, you may not sell, lease or resell the services to or on behalf of any other party. In addition, you may not use, or permit to be used, Brickinfo.org Services in violation of any applicable law, regulation or policy, or in violation of any third parties' rights.

3. Terms and Conditions of Use.

(a) Agreement to Terms. If you choose to continue to use or access the Services after having the opportunity to read the Terms of Service, you recognize that BIA has provided valuable consideration by offering these Services free of charge, and in exchange for that valuable consideration, you agree to these Terms of Service and our Privacy Statement which is incorporated by reference. If you do not agree with any part of these Terms of Service or Privacy Statement, please do not use the Services.

(b) Modification. BIA reserves the right to modify the Terms of Service at any time, and such modifications shall be effective immediately upon the earlier of posting of the modified Terms of Service or by e-mail notification to you.

(c) You agree to review these Terms of Service periodically to be aware of such modifications, and your continued access or use of the Services shall be deemed your acceptance of the modified Terms of Service.

(d) You agree that these standards for notice of changes are reasonable.

(e) You acknowledge and agree that BIA may deny you access to or use of all or part of the Services without prior notice if you engage in any conduct or activities that BIA in its sole discretion believes violates any of these Terms of Service, violates the rights of BIA, or is otherwise inappropriate for continued access and use of the Services.

4. Your Information.

(a) By giving us your email address, you are certifying in this Agreement that you have the right to use your email address.

(b) By providing information to us via this website (such as feedback, data, comments, questions, suggestions, plans or ideas), you agree that such information shall be non confidential and that BIA shall have unlimited rights to (or not to): use, distribute, reproduce, and disclose such information as BIA deems appropriate, without compensation or acknowledgement of its source. BIA shall be free to use any ideas, concepts, know-how or techniques contained in information you provide BIA through BIA’s web site.

(c) In exchange for use of this web site, you agree that any information you submit to us will be current and complete and will not violate the rights of any third parties, and you agree to defend, indemnify, and hold harmless BIA, its affiliates and content suppliers, and their successors against any claims by third-parties alleging facts in breach of these representations.

(d) While Brickinfo.org will not knowingly divulge your email address or any other personal information to outside parties, you agree that BIA will not be liable for acquisition or use of your information by any third party without BIA’s knowledge or consent. In turn, you agree that Brickinfo.org will not be liable for the acquisition or use of personal information about you that is not under our control.

(e) BIA is against unsolicited e-mail (SPAM) as a matter of policy.  In order to support this FREE service, you will receive advertisements within the email notifications you receive. Please see our Privacy Statement for information on how to tell us your preferences for the notifications you receive.

5. Account Creation and Security

(a) In consideration of your use of the Services, you agree to: (i) provide true, accurate, current, and complete account registration information about yourself as prompted by the Services; and (ii) maintain and promptly update such registration information to keep it true, accurate, current, and complete. Your account information will be used for all tracking of any Brickinfo.org orders, and will be a key component of successful delivery and any customer service you require. If you provide any registration information that is untrue, inaccurate, not current, or incomplete, or if BIA has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, BIA has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

(b) If you are a BIA member, you may create a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify BIA against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify BIA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. BIA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. Ownership.

(a) BIA has and shall retain all right, title and interest in and to any software or technology used in providing the Services, and all intellectual property rights therein.

(b) All content included on this web site, including text, graphics, logos, buttons, icons, computer programs, source and object code, documentation, designs, illustrations, databases, domain names, trade names, trade identities, and images, is the property of BIA or its affiliates, content suppliers, or other licensors, with ownership as indicated by specific copyright and trademark notices and/or context, and is protected by U.S. and international copyright and trademark laws. The Services may only be used for the intended purpose for which they are being made available.

(c) Images of people or places displayed on the Services are either the property of, or used with permission by, BIA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Service or specific permission provided elsewhere on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

7. Use of Services.

(a) The Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of BIA, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of BIA. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.  
 
(b) You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services. 

8. Consumer Information. The consumer information contained here is intended, in part, to alert the reader to pertinent issues regarding this site. The information contained herein is not intended as a substitute for professional consultation. If professional assistance is required, the services of a competent professional person should be sought.

9. Pricing and Availability. Any pricing information listed on this web site is subject to change without notice. Certain items herein may be discontinued or may be unavailable in some areas.

10. Disclaimers and Release.

(a) The availability of the Services depends on many factors, including your connection to the Internet, the availability of the Services, and equipment that is not, by its nature, fault tolerant.

(b) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, BIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.

(c) BIA AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.

(d) In the event that you have a dispute with one or more other users of the Services, you release the  BIA Parties  (as defined below) from 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 such disputes.

(d) BIA and its content suppliers reserve the right to alter or delete the products, services and information available from this web site at any time.

(e) The information contained in the Services is provided for informational purposes only. While BIA has tried to provide accurate and timely information, there may be inadvertent inaccuracies and typographical errors. We reserve the right to make changes and corrections at any time, without notice.

(f) We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. BIA shall not be responsible for any errors or omissions in the Materials.  We reserve the right to amend errors or to update product information at any time without prior notice. In the event a product or service is listed at an incorrect price or has an incorrect description, we reserve the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. We shall have such right whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the incorrect price.

(g) BIA makes no commitment to update the information contained in the Services.
(h) Third party websites listed as hypertext links herein are not under the control of BIA. Accordingly, BIA can make no representation concerning the content of these websites nor can the fact that BIA has included this link serve as an endorsement by BIA of any of these websites.

(i) Nothing contained in the Services constitutes investment advice.

(j) All sales of products listed herein are subject to our usual terms and conditions of sale.

11. Privacy
BIA is committed to ensuring the privacy of its customers. Your use of our Services is subject to our Privacy Statement. Please read the Privacy Statement for information on how your personal information and other information about you will be handled. By accepting these Terms of Service you are also accepting the terms of the Privacy Statement, which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Service, please do not use the Services. 

12. Trademarks. All trademarks, company names, and product names are the property of their respective owners.

13. Copyright. The content of this web site, including but not limited to the text and images herein and their arrangement are copyright ©2006 BIA. All Rights Reserved. Certain images herein are owned by and have been provided by our members and are used with permission. Please contact us if you are interested in receiving permission for commercial or non-commercial use of any of the images or content herein.

14. Limitation of Liability. WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BIA, ITS SUPPLIERS, LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL BIA, ITS SUPPLIERS' OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).

15. Indemnification.

(a) You agree to indemnify, defend and hold harmless BIA, its affiliates, officers, directors, employees, consultants, agents, suppliers, successors, and assigns (collective, “BIA Parties”) from and against any and all claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your use of this web site and the Services provided under this Agreement, the violation of these terms and conditions by you, your failure to comply with any applicable laws or regulations, any of your dealings or transactions with other persons resulting from use of the Services, or the infringement by you, or other users of the Brickinfo.org web site through the use of your computer or your infringement of any intellectual property or other right of any person or entity. You will be required to completely and fully indemnify BIA for its losses.

(b) BIA reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you

16. Termination of Service.

(a)Either you or BIA may terminate this Agreement and the Services at any time and for any reason, but until that time it remains in full force and effect.

(b) These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Brickinfo.org site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise.

(c) These terms will terminate immediately without notice from BIA if in BIA’s sole discretion you fail to comply with any term or provision of this Agreement.

(d) Upon termination, you must destroy all materials obtained from the site and any and all other Brickinfo.org site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

(e) The terms of this Section and Sections 4, 6, 10, 14 and 15 will survive any termination of this Agreement.

17. Message Center Policies

(a) BIA does not and cannot monitor each and every message posted in the message Center.

(b) BIA is not responsible for any message posted, and does not vouch for or warrant the accuracy, validity, completeness or usefulness of any message. The messages express the views of their authors, not necessarily the views of BIA.

(c) By posting in the Message Center, you agree:
Many areas of Brickinfo.org are "public", such as our Message Center. By submitting content in these public areas, you grant to BIA the complete right to use, reproduce, modify, distribute, etc., the content in any part, anywhere. Although BIA is not responsible for the content of these messages, we reserve the right to delete any message for any reason or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless BIA and its agents with respect to any claim based upon transmission of your message(s). We also reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you. BIA may delete any and all information, communications, postings, or web pages for online conduct that BIA believes is harmful to other members or users of this web site, the business of BIA or other third-party information providers.

(d) BIA reserves the right to end a discussion or lock a thread if we feel that the discussion has become unproductive or combative, or if the topic is unnecessarily dominating the message center. BIA reserves the right to lock a thread if there have been no messages in it for 30 days.

18. Community Guidelines

(a) BIA takes pride in its community. We are protective of this community and want it to thrive and grow. For this reason, we have implemented the Community Guidelines, which are outlined below. These guidelines explain what you can expect of BIA, as well as the kind of online behavior we expect of you.

(b) The number one guideline to be followed at all times is "treat others as you would like to be treated yourself." Abuse of other members will absolutely not be tolerated.

(c) Also, remember that community standards are always evolving. It is important that you periodically check this document for alterations and updates. It's all part of taking pride in and protecting the Brickinfo.org community. Thanks for doing your part.

(d) Online conduct should be guided by common sense and basic etiquette. You will be considered in violation of our Community Guidelines if you do any of the following:
Use strong vulgar language, crude or explicit sexual references, demeaning racial or ethnic remarks, and/or hate speech. Post any material which is knowingly false and/or defamatory, or invasive of a person's privacy. Harass, threaten, or intimidate another member. During debate or disagreement, address the individual, not the issue at hand. Create multiple accounts for use on Brickinfo.org. Post, transmit, or distribute illegal content. Post, transmit, or distribute copyrighted or trademarked content without authorization. Impersonate another member or individual. Impersonating a member, celebrity, BIA employee, or administrator/moderator will result in immediate expulsion from the community. Attempt to access other members' passwords, account information, or private information.  Collect member information via Brickinfo.org's member information retrieval function. The use of such information for the purpose of sending unsolicited bulk e-mail is strictly prohibited. Engage in unsolicited email spamming of Brickinfo.org members or message forums. Promote chain letters and pyramid schemes, illegal or not, in the Brickinfo.org message center or via private email to our members. Advertise products or services in Brickinfo.org's Message Center or to our members. This includes (but is not limited to) auction sites and auction related discussion forums.

19. Moderation and Enforcement of Guidelines

(a) Moderation messages will be public. This is not done to embarrass or upset the poster but, rather, to serve as a learning experience for all users. Similarly, messages will not be deleted unless they are obscene, invasive of a person's privacy, or otherwise in gross violation of our guidelines, in our sole discretion. The poster will be warned in the same thread, with the relevant portion of the message quoted as necessary. The poster, of course, always retains the option of editing their initial message.

(b) Moderations will follow a three step process:
Informal Warning. This may or may not contain those words but is a message from the Moderator indicating that you have crossed the line. Please pay attention to such messages and follow the Moderator's instructions.
Formal Warning. If a user has received an informal warning and, in the next 30 days violates this or another guideline, s/he will receive a formal warning. Formal warnings may also be issued immediately for gross violations of the rules, directly insulting another user, or arguing a moderation call in the thread.
Suspension. A user who has been issued a formal warning and again violates Community Guidelines will receive a 30 day suspension. Suspensions are automatic, but may be appealed via email. We reserve the right to issue a suspension for blatant attempts to disrupt the forum, use of multiple IDs in any Message Center forum, or if in the opinion of the Moderator, such an action is required to ensure the safety, comfort and/or enjoyment of the forum by other users. Continued violation of Brickinfo.org Community Guidelines after suspension may result in permanent expulsion.

20. Jurisdiction
The Services are intended for use in and by citizens and domiciliaries of the United States of America only. The Materials may contain information about products which may not be available in other countries or may be available under different trademarks in different countries, subject to different indications or restrictions of use. The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in Fairfax County, Virginia, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

21. Miscellaneous.

(a) Entire Agreement. This Agreement constitutes the entire agreement between you and BIA with respect to the Services and supersedes all other agreements, contemporaneous and prior, between you and BIA with respect to the Services.

(b) Nonwaiver. BIA’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.

(c) Amendment. BIA can revise these Terms and Conditions by updating this posting. No amendment or modification hereof will be valid or binding upon either party unless assented to by BIA.

(d) Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

(e) No Estoppel. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

(f) Act of God. BIA will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.

(g) No Obligation to Monitor. BIA does not have any obligation to monitor use of the Services, but BIA may do so and may also disclose information regarding your use of the Services to satisfy laws, regulations or other government requests.

22. Contacting Us. You may contact BIA at 12007 Sunrise Valley Drive, Suite 430, Reston, Virginia 20191, United States of America. Telephone: 703.620.0010 Fax: 703.620.3928.
THANK YOU FOR VISITING AND USING THE BRICKINFO.ORG WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.

All Service design, graphics, text selections, arrangements, and all software are Copyright© 2018 Brick Industry Association