Welcome to the BrickLogix. The use of BrickLogix’s products (the "Sites") and the terms of use ("Site Terms") apply exclusively to your access to, and use of, the Sites and Products so please read them carefully. BrickLogix offers the Sites to you conditioned on your acceptance of these Site Terms without modification. Your use of any of the Sites constitutes your acceptance of the Site Terms.
We reserve the right to change or modify any of the Site Terms and the Sites, at any time. If we decide to change our Site Terms, we will post a new version on our site and update the date. Your use of any of the Sites following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.
Agreement not to Engage in Competitive Activity
You agree that you will not, either as principal, agent, employee, consultant, officer, director, owner or in any other capacity, engage or have a financial interest in, any business anywhere in the world that is competitive with the business of BrickLogix or that offers any of the services or features offered on any of the Sites.
Applicable Law and Venue
These terms and conditions are governed by and construed in accordance with the laws of the State of Massachusetts, applicable to agreements made and entirely to be performed within the State of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Boston, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Change of Features We may add, remove or modify any feature or functionality of the Sites without prior notice.
Code of Conduct
You are solely liable for your conduct or any information that you upload or transmit to a Site. You may not provide false or misleading information to the Sites or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of any of the Sites if you provide false or misleading information or submit information under false pretenses. Each person that is provided with a password and user ID to use a Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality of any password connected with your account. You agree not to post, email, or otherwise make available content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); e) that impersonates any person or entity, including, but not limited to, a BrickLogix employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.); f) that includes personal or identifying information about another person without that person's explicit consent; g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack)to the service or services provided on the Sites (collectively, the "Service"), or that otherwise negatively affects other users' ability to use the Service; or o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service. Additionally, you agree not to: p) contact anyone who has asked not to be contacted; q) "stalk" or otherwise harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BrickLogix; t) post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; u) post the same item or service in more than one classified category or forum, or in more than one metropolitan area; v) attempt to gain unauthorized access to BrickLogix's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BrickLogix's website; or w) copy or adapt the HTML or other code that BrickLogix uses to generate its pages, which code is protected by BrickLogix'S copyright and other intellectual property rights.
General Terms
If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to the Sites
Information
Please see BrickLogix'S Privacy Policy for details regarding our use of information collected from users of the Sites.
Indemnity
You shall indemnify and hold harmless BrickLogix and its subsidiaries and affiliates, and each of their respective officers, directors, employees and agents from and against any claims or demands, including without limitation reasonable legal and accounting fees and expenses, alleging or resulting from your use of the Sites and the Materials or your breach of these Site Terms, including, without limitation, any claim of infringement.
Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on the Sites, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Termination
We may terminate or suspend your access to the Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
Third party content, sites and services
The Sites and the information, data, materials, content, links, services and products on the Sites (collectively, the "Materials") available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BrickLogix, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BrickLogix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BrickLogix is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BrickLogix, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Limitation of Liability
IN NO EVENT WILL BrickLogix OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE, EVEN IF BrickLogix WAS IN ANY WAY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR REVENUE, OR INACCURACY OF DATA, OR LOSS OF DATA, ERROR OR OMISSION, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
Warranty and Disclaimer
THE SITES AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. IF THIS DOES NOT MEET YOUR EXPECTATIONS OR REQUIREMENTS, DO NOT USE THE SITES. BrickLogix AND ITS SUPPLIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES AND MATERIALS TO THE MAXIMUM EXTENT PERMITTED BY LAW.
BrickLogix AND ITS SUPPLIERS MAKE NO REPRESENTATION AS TO THE TIMELINESS, QUALITY, RELIABILITY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPLETENESS, ACCURACY, OR NON-INFRINGEMENT OF THE SITES. BrickLogix DOES NOT WARRANT OR GUARANTEE THAT THE SITES MEET EITHER YOUR EXPECTATIONS OR REQUIREMENTS, OR BE COMPATIBLE WITH ANY HARDWARE OR OTHER SOFTWARE, OR THAT THE SERVICE WILL BE UNINTERRUPTED. BrickLogix AND ITS SUPPLIERS DO NOT REPRESENT OR WARRANT THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BrickLogix AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, BrickLogix CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO UPLOAD OR DOWNLOAD ANY INFORMATION TO OR THROUGH THE SITES IS DONE STRICTLY AT YOUR OWN RISK AND YOU REMAIN SOLELY RESPONSIBLE FOR ANY AND ALL ADVERSE SITUATIONS AS A RESULT THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, VIRUS OR OTHER UNTOWARD DATA AFFLICTIONS ON OR IN YOUR SYSTEM, DATA, HARDWARE, OR SOFTWARE.
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