Please read through the Brick Terms and Conditions outlined below prior to using Brick as your use of Brick is subject to these terms and conditions.
TERMS AND CONDITIONS FOR BRICK USERS
General Terms
Registration
Thank you for choosing Brick Offers UT, LLC (the “Company,” “we”, “us”, or “our”). These are the terms and conditions (the “Terms”) which apply to your use of the Brick website located at http://www.brick.works (the “Site”), the Licensed IP, those Services identified in documentation provided to you by email, on the Site, or by any other means in connection with any services provided by Brick (collectively referred to as the“Services”).
Please read these Terms before registering for the Services. By completing your registration and clicking on the “I Accept” button below, you will become a registered user (a “User,” or, alternatively, “you”, “your”, “yours”) of the Services and Licensed IP and you agree to be bound by these Terms. If you do not agree to the Terms, please do not register for the Services. The Terms are subject to change by the Company at any time; however, the most current version of the Terms is available by clicking on the link at the bottom of the Site. We encourage you to regularly review the Terms to ensure that you are aware of any changes. By continuing to use the Services after changes in the Terms have been posted on the Site, you agree to be bound by the most current version of the Terms.
By registering for, using or receiving the Services, you: represent that you are 18 years of age or older; represent that you have the legal capacity and authority to bind yourself and/or the person or entity for whom you are accepting these Terms; represent, warrant and covenant that the information and data that you have provided or will provide to the Company is or will be correct and complete in all respects, and that you have the right to provide such information and data to the Company; acknowledge that the Company has and will rely upon the information and data that you provide and that any incorrect or incomplete information that you provide to the Company may result in the Company withholding, suspending or terminating the Services and/or terminating this agreement; and agree to be bound by these Terms, as it may be updated by the Company from time to time in its sole discretion.
By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. By using this site and the software, you consent to phone, text, and email communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically, including but not limited to communication via text, email, or through the software will satisfy any legal communication requirements, including that those communications be in writing.
By using the Service, you certify you are acting on your own behalf, or, if representing a third party, that you are authorized by the third party agree to the Terms and Conditions and Privacy Policy, including consent to usage of personal data and communications, as well as authorization to represent the third party with respect to offers submitted via the application.
If there exists any conflict between these Terms and the terms of any other offer for the Services, these Terms will govern. For information regarding how information is gathered and used at the Site, please read our Privacy Policy.
Changes/Upgrades to the Services
We have the right, in our sole discretion, to modify or change the Services, Licensed IP, and/or Fees (as defined below). We will notify you of such changes via the Site, email, or any other method we deem appropriate. Your continued use after any such modification or change is made constitutes your acceptance of such modification or change. If at any time you are not satisfied with the Services, Licensed IP, and/or Fees, you may terminate the Services subject to the terms in this agreement. You will receive all updates to your existing Services for no additional Fee. However, if you choose to add additional services or features to your Services, may incur additional Fees.
Use of Services and Site
Eligibility:
You must be 18 years old, or the age of majority, as determined by the laws of your state of residency, to become a User and assume the obligations set forth in these Terms. In order for you to receive the Services, which will be provided remotely, the Company will qualify your Internet connection for the minimum line rate (speed) available for support based on standard line qualification procedures.
Service coverage:
You hereby acknowledge and agree that the Services provided to you by the Company will only cover the computer systems and devices specifically registered with or otherwise authorized by the Company for the Services (“Authorized Device”). The Services will be dependent on your working cell phone coverage and internet access. The Company is not responsible for any issues arising out of limitations in your cell phone coverage or internet access.
System requirements:
We do not manufacture, sell, or install the third party systems required to utilize the Services. You may only access and use the Services with equipment capable of receiving the Services as identified below (“Third Party Equipment”). You must obtain all Third Party Equipment, including installation, from an authorized seller or manufacturer. Third Party Equipment is subject to the seller’s or manufacturer’s terms and conditions of sale. We are not responsible for any loss or damage to your personal or real property, including without limitation, your home, personal belongings, and the like, resulting from the installation or use of the Third Party Equipment. We are not responsible for the advertising, practices, promises, statements, services, or other items made by the manufacturers or sellers of the Third Party Equipment. You acknowledge and agree that you may be required to install certain software on the Authorized Device to assist the Company in providing the Services, that you may install and use the software in executable form only, and that the Company has the right to terminate this agreement and the Services if you (i) do not install all of the required software on the Authorized Device (as directed by the Company) or (ii) alter, modify or disable any of the required software or its settings or configurations. If you have any questions regarding your Third Party Equipment, contact the manufacturer or seller.
Personal use of the service:
You agree to use the Services only for the Authorized Device, and not to permit any other user to access the Services. You are responsible to keep your password(s) secure, and you agree not to disclose your password(s) to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. You expressly agree that you will not resell the Services, or use them for high volume purposes or as a virtual support center, as determined solely by the Company. You may not assign your obligations under these Terms to any other party. Services provided for any additional user and/or computer system or device may incur separate and additional fees.
Safety and access control:
It is your responsibility to exercise discretion and observe all safety measures that you deem necessary or as may be required by law to protect your personal wellbeing and personal and real property and to prevent unauthorized access, misuse of passwords, or misuse of any other information. You may only access and use the Site in the manner authorized by the Terms and any other documents we provide to you. We are not liable to you for any unauthorized access to or misuse of the Services or the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site (or computer systems or networks connected to the Site) through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Site that violates any applicable local, state, national or international laws or regulations, the intellectual property or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate.
Service interruptions:
The Services are web-based and may be interrupted or negatively affected by items outside of our control. The Company may also discontinue any of the Services from time to time in its sole discretion. We are not liable to you for interruptions to or problems with the Services caused by acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-business software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services; failure of access circuits to our computer network (unless we are the sole cause of such failure), DNS (domain name server) issues outside our direct control; issues with FTP, POP3, SMTP, or any items relating to your access to the Site or the Services; your acts or omissions (or acts or omissions of others engaged or authorized by you), including, without limitation, custom scripting or coding (e.g., Node, React, HTML, etc.), any negligence, willful misconduct, or use of Site or Services in breach of these Terms; e-mail or WebMail delivery and transmission; DNS propagation; or outages elsewhere on the internet that hinder access to the Site or the Services. Because the Services are dependent on you ensuring that your Third Party Equipment is active and fully functioning, the Company is not liable for any failure of your Third Party Equipment.
Restrictions on use:
You agree that you will not copy, translate, rent, lease, sublicense or otherwise transfer the Licensed IP and/or cause or permit reverse compilation, reverse engineering, or reverse assembly of all or any portion of the Licensed IP. You further agree not to allow, except as otherwise provided herein, any third parties, consultants or independent contractors to operate or use the Licensed IP or the Services, obtain access to or view the operation of the Licensed IP or the Services.
Scheduling; Customer service:
For all Services that require scheduling a session with the Company, the Company will use commercially reasonable efforts to schedule a mutually convenient session within a reasonable period of time. You acknowledge that circumstances outside of the Company’s control, scheduling conflicts and/or other unforeseen circumstances may cause delays in the Company’s ability to schedule or complete a session. If such circumstances cause the Company to miss a scheduled session, the Company will use commercially reasonable efforts to re-schedule a mutually convenient session in a reasonable period of time. To the extent that the Company provides customer service and support for any Third Party Software or equipment, you agree to comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. The Company makes no representation or warranty that it is an authorized service provider for any Third Party Software or for any equipment, and you acknowledge and agree that it is your sole responsibility to determine if you require additional rights for the Company to provide such support and, if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment. If you have questions or concerns regarding the Services or the Licensed IP, please contact Brick customer service.
Intellectual Property License
We grant you a nonexclusive, non-transferable license to access via the Site and use the machine-readable version of our software, CDs, programs, documentation and other intellectual property which is owned by us and/or which we make available or furnishes to you pursuant to these Terms, via download, other media, or other delivery method, in connection with the provision of the Services (the “Licensed IP”). The Licensed IP may be accompanied by an end-user access license agreement or similar agreement from us. Your use of the Licensed IP is governed by the terms of such agreement and by these Terms, where applicable. You may not install or use any Licensed IP that is accompanied by or includes an end-user access license agreement unless you first agree to the terms and conditions of the end-user access license agreement. With regard to any Licensed IP for which your acceptance of a separate license agreement is not required, we hereby grants to you one limited, non-exclusive, non-transferable, non-sub-licensable license to access and use the same, only during the term of the Services, solely for your own personal or internal business purposes with respect to the Authorized Devices, and only as part of or for use with the Services and for no other purpose.
You acknowledge that you have no ownership, rights, title or other interest in the Licensed IP apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the Licensed IP are the exclusive property of the Company, and these Terms shall not be deemed a transfer of title or ownership in any respect. All rights not expressly granted to you pursuant to this Section 5 are expressly reserved by us and any third party providers, licensors, and suppliers, as applicable. All software included within the Licensed IP is either a commercial product, produced entirely at private expense, copyrighted and owned by the Company or a third party provider or supplier, licensed to the Company or is otherwise proprietary to the Company.
You acknowledge that the license granted hereunder is terminable at will by us in our sole and absolute discretion. Termination of the license revokes your license and ends your rights thereunder. In case of such termination, you will immediately cease use of the System. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the license, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or our proprietary rights.
You acknowledge that the Licensed IP may include software provided by third parties (“Third Party Software”) and that the licensor of any Third Party Software embedded in the Licensed IP has a proprietary interest in such software.
You acknowledge that any Third Party Software will be sublicensed to you by us or licensed to you by the Third Party Provider that is the owner or licensee of the Third Party Software. You agree to be bound by and subject to the terms and conditions set forth by such Third Party Providers before installing Third Party Software, regardless of whether we sublicense to you or assist you in the acquisition, installation, and/or use of Third Party Software. We have no rights to the Third Party Software and do not license Third Party Software to you except to the extent that we are a reseller or licensee of the Third Party Software. We do not make any representation or warranty regarding the Third Party Software.
If any modifications, enhancements, improvements or alterations to the Licensed IP are or have been made us, by you or by any non-party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to us. You agree to assign to us any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that we request.
You acknowledge that, in connection with the performance of this agreement, you may receive certain confidential information of the Company, which confidential information shall include information relating to the Licensed IP. You hereby agree: (a) to hold and maintain in strict confidence all confidential information of the Company and not to disclose it to any third party; and (b) not to use any confidential information of the Company except as permitted by these Terms or as may be necessary to exercise rights or perform obligations under these Terms. In the event that you disclose or are required to disclose confidential information, you shall use commercially reasonable efforts to provide the Company with prompt notice prior to any disclosure to afford a reasonable opportunity to protect the Confidential Information from public disclosure.
You may not assign, sell, transfer, pledge, or encumber in any way your rights hereunder. You may not sell, sublicense or rent the Licensed IP to any third party. We may assign this license to a third party without your consent.
We have no obligation to support or maintain the Licensed IP or to provide consulting or training services.
Warranties
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND LICENSED IP OR FOR ANY THIRD PARTY EQUIPMENT. THE SERVICES AND LICENSED IP ARE BEING PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AND LICENSED IP AT YOUR SOLE RISK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY. THE THIRD PARTY LINKS, RESOURCES, AND CONTENT AVAILABLE WITH THE SERVICES AND LICENSED IP ARE NOT CONTROLLED BY THE COMPANY, AND THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH THIRD PARTY LINKS, RESOURCES, AND CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICES OR SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Liability
THE COMPANY DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION THE SERVICES AND LICENSED IP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE USE OF OR INABILITY TO USE THE SERVICES AND LICENSED IP; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (C) ANY OTHER MATTER RELATING TO THE SERVICES AND LICENSED IP. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES AND LICENSED IP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE SERVICES AND LICENSED IP AND TO RECEIVE A REFUND FOR SERVICES YOU DEMONSTRATE WERE PROMISED BUT NOT PROVIDED. IN NO INSTANCE WILL THE COMPANY’S LIABILITY TO YOU EXCEED THE GREATER OF (I) THE FAIR MARKET VALUE OF THE COMPUTER, OR (II) THE FEES PAID BY YOU IN THE THREE (3) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE, AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF THE COMPANY OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
Indemnification
BY REGISTERING FOR THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BRICK, AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, PROCEEDINGS, SUITS AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, JUDGMENTS, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS’ AND ACCOUNTANTS’ FEES AND DISBURSEMENTS) AND COSTS INCURRED BY, BORNE BY OR ASSERTED AGAINST THE COMPANY TO THE EXTENT SUCH CLAIMS IN ANY WAY RELATE TO, ARISE OUT OF, OR RESULT FROM (A) YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS, THESE TERMS, THE PRIVACY POLICY OR THE TERMS OF ANY AGREEMENT GOVERNING YOUR USE OF THIRD PARTY EQUIPMENT (OR ANY OF THE FOREGOING BY PARTIES WHO USE YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, TO ACCESS THE SERVICE); (B) ACTS, ERRORS, OR OMISSIONS BY YOU (OR ANY PARTIES WHO USE YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, TO ACCESS THE SERVICES); (D) CLAIMS FOR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS ARISING FROM THE USE OF THE SERVICES, THIRD PARTY EQUIPMENT, OR THE INTERNET; OR (E) YOUR USE OF THE SERVICES AND LICENSED IP.
Term and Cancellation
The Services will commence upon your acceptance of these Terms and will continue until cancelled as provided in this Section 9. For Services you request on a monthly basis, your monthly plan will be renewed automatically each month.
We reserve the right to suspend or cancel the Services at any time if you fail to pay amounts owing when due, violate or breach any of the Terms, or for any other reason at our sole discretion. If the Services are suspended or cancelled, you will still be responsible for payment of all outstanding balances accrued through the remainder of the month or other cancellation date, including any fees described herein.
You may cancel the Services at any time by providing written notice to us, using the cancellation form that will be provided to you upon request. Upon your request for the cancellation form, the Company will send it to you within a reasonable time. Upon termination of the Services, you will no longer have access to the Services and you must delete or uninstall any Licensed IP from the Authorized Device, any Third Party Equipment or any other computer system or device. You will not receive a refund of any Fees paid for Services through the end of the month or other period in which the Company receives your written notice of cancellation on the form provided.
Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services or the System or any portion thereof to countries or persons prohibited under the export control laws. By downloading the System, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services or the System.
General
Waiver.
Any waiver granted herein shall not be deemed effective unless in writing, executed by the party as to whom enforcement of the waiver is sought. A waiver by either party of any provision(s) hereof shall not be deemed a waiver as to any other provision hereof or of any subsequent breach by either party of the same or any other provision.
Severability.
If any provision of these Terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.
Relationship.
You acknowledge that the Company is an independent contractor and neither the Company nor any of its directors, officers, agents, employees, or affiliates is or shall be deemed employed by you. The Company reserves the right to determine the method, manner and means by which the Services will be performed. The Company and its directors, officers, agents, employees, and affiliates are not required to perform the Services for you during any particular hour of the day or night, and the time spent accessing the Authorized Device covered by the Services is at the Company’s discretion, subject to your access times and security requirements. You further acknowledge that the Company is not required to devote its full time or the full time of any of its directors, officers, agents, employees, or affiliates to the performance of the Services, and you acknowledge that the Company has other clients and that it offers Services to the general public. The order and sequence in which the Services are to be performed shall be under the control of the Company and its agents, employees and affiliates, and not under your control.
Survival.
The obligations of you under these Terms that by their nature would continue beyond the termination of these Terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.
Assignment.
We may assign all or part of our agreement, including without limitation, these Terms or the performance of all or any portion of the Services to be provided hereunder, at any time, without your consent. If notice is required for you or the assignee to fulfill any obligations under these Terms, we will provide such notice within a reasonable time of our assignment.
Risk of Loss.
You agree that your use of the Services is your sole responsibility and is solely at your own risk. You acknowledge and agree that remotely accessing any Authorized Device covered by the Services may expose the same and the data contained therein to certain security risks and that you, and not the Company, shall be responsible for such security risks. You acknowledge that due to the nature of the Services being performed, you are exposed to some potential risk of damage or loss including, without limitation, damage to your computer hardware, cabling, hubs, routers, switches, peripherals, accessories, furniture, home, and office, as well as potential risk of damage, corruption, loss of business or time, loss of computer software, applications, data, and data storage media. You acknowledge that it is your responsibility to take proper and adequate measures to preserve, protect and safeguard critical data by backing up such data in appropriate ways prior to any Services being performed by the Company. Unless specifically requested and provided to you as a paid Service by the Company, you acknowledge and agree that you are exclusively responsible for providing all backup, archiving, and protective storage as well as restoration, if required, of your data.
Attorneys’ fees.
If we initiate legal action against you for collection of any Fees or to enforce our rights and your obligations under these Terms, we are entitled to recover from you our reasonable costs and expenses including, but not limited to, reasonable attorneys’ fees incurred as a result.
Remedies.
The rights and remedies provided to us under these Terms are in addition to any other remedies available at law or in equity.
Governing law and venue.
These Terms shall be governed by and interpreted according to the laws of the State of Utah, without regard to conflicts of law principles. Venue for any action, claim or proceeding pertaining to these Terms shall be in Utah.
Entire agreement.
These Terms represent the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter. BY USING THE SERVICES AND LICENSED IP, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE ENTIRE TERMS, AND YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THE SERVICES AND LICENSED IP AS STATED ABOVE.
Brick does not represent any third-party individual or entity to perform any of the following activities:
Represent individuals or entities in the purchasing, selling, auctioning, exchanging, leasing, or otherwise acquiring or disposing of real estate;
Manage any real estate;
Assist, direct, or procure the prospect for or the negotiation of a transaction for the acquisition of, disposal of, or management of any real estate;
Assist or direct the closing of any real estate transaction;
Make, solicit, negotiate on behalf of, or assist individuals or entities in obtaining loans to purchase real estate;
Provide or assist in appraisals of real estate;
Provide or assist in foreclosure rescue; or
Provide legal representation or advice in connection with real estate or contract transactions.
Service Specific Terms. Certain terms and conditions are specific to certain of our Services. These specific services and their specific terms and conditions are listed below.
Selling Real Estate
You may receive an offer from Brick to purchase your real estate. Eligibility to receive an offer from Brick is contingent upon the following:
You have provided us with information about your real estate;
You are the owner or the authorized representative of the owner of the real estate;
The home meets Brick real estate purchasing criteria which may change upon Brick’s sole discretion; and
Brick has had an opportunity to assess your real estate.
An offer from Brick is not an appraisal. It is the purchase price Brick is willing to pay for your real estate.
All offers are subject to any and all additional terms, conditions, and fees outlined in the offer.
In the event that Brick makes you a purchase offer on your real estate, Brick is not acting as a broker or a brokerage, nor is it associated with any brokerage, broker professional, or real estate sales professional. Nor is Brick is acting as a real estate agent or a realtor. If you are looking for these types of services, you should consult with an appropriate real estate, brokerage, or legal professional. It is your sole duty to evaluate any offer by Brick and determine its suitability.
Brick Wholesale.
You may receive an offer from Brick to create an Assignable Real Estate Purchase Agreement. An assignable purchase agreement is a purchase agreement with the clause that the rights and obligations stated in the contract can be transferred to another party. This transfer is called the assignment of contract.
The Assignable Real Estate Purchase Agreements may be sold by Brick to third parties, or Brick may reserve the right to exercise the Agreement themselves.
Eligibility to receive an offer from Brick is contingent upon the following:
You have provided us with information about your real estate;
You are the owner or the authorized representative of the owner of the real estate;
The home meets Brick assignable agreement criteria which may change upon Brick’s sole discretion; and
Brick has had an opportunity to assess your real estate.
An offer for an assignable real estate agreement from Brick is not an appraisal.
All offers are subject to any and all additional terms, conditions, and fees outlined in the offer.
In the event that Brick makes an offer to create an Assignable Real Estate Purchase Agreement, Brick is not acting as a broker or a brokerage, nor is it associated with any brokerage, broker professional, or real estate sales professional. Nor is Brick is acting as a real estate agent or a realtor. If you are looking for these types of services, you should consult with an appropriate real estate, brokerage, or legal professional. It is your sole duty to evaluate any offer by Brick and determine its suitability.
Purchasing Real Estate
As-Is Conveyance
If you contract to purchase real estate from Brick, you agree to the following terms and conditions regarding the purchase of the real estate. The Purchase Agreement shall prevail over any conflicts between it and these terms and conditions.
BUYER IS ACQUIRING THE PROPERTY ON AN “AS IS BASIS” WITHOUT REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION OR VALUE OF THE PROPERTY, THE PRESENCE OF HAZARDOUS SUBSTANCES IN OR NEAR THE PROPERTY, OR EXPENSES ASSOCIATED WITH THE PROPERTY.
BUYER WAIVES ANY IMPLIED WARRANTY AS TO HABITABILITY AND/OR, ANY IMPLIED WARRANTY AS TO THE WORKMANSHIP OF ANY REPAIRS OR MODIFICATIONS PERFORMED ON THE PROPERTY.
BUYER AGREES IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN PROFESSIONAL COUNSEL OF ITS CHOOSING, AND IS RELYING SOLELY ON ITS OWN INDEPENDENT JUDGMENT AND THAT OF ITS OWN PROFESSIONAL CONSULTANTS, IF ANY, IN ENTERING INTO THE PURCHASE CONTRACT AND PURCHASING THE PROPERTY.
BUYER WILL CONDUCT SUCH INSPECTIONS OF THE PROPERTY AS BUYER DEEMS NECESSARY AND, IF BUYER ELECTS TO PURCHASE THE PROPERTY, AND AGREES TO ASSUME THE RISK OF ANY ADVERSE CONDITIONS, INCLUDING ADVERSE CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY SUCH INSPECTIONS.
Purchasing Assignable Purchase Agreements
If you contract to purchase an Assignable Purchase Agreement from Brick, you agree to be bound by all terms of the Assignment Agreement. You furthermore agree to be bound by the terms of the Real Estate Purchase Agreement.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED EXCLUSIVELY BY AND TO BRICK.