Terms and Conditions - Bricks Station

Welcome to the website (www.bricksstation.com), social media sites, and loyalty and advertising programs operated by Yonker-Fischer Ventures, LLC, a Michigan limited liability company doing business as “Bricks Alto,” Yonker-Fischer Ventures 2, LLC, a Michigan limited liability company doing business as “Bricks Georgetown,” and Yonker-Fischer Ventures 3, LLC, a Michigan limited liability company doing business as “Bricks at Campau Corner” (collectively “Bricks,” “we” or “us“). This Terms and Conditions of Use (“Agreement“) contains the terms upon which Bricks agrees to provide you with access to and use of its website, customer accounts, blogs, social media sites, email, loyalty, and advertising programs, and all related content, promotions, programs and services available through the same (collectively and individually, the “Sites and Services“).

PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCESS TO AND USE OF ANY PART OF THE SITES AND SERVICES CONSTITUTES YOUR EXPRESS AGREEMENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITES AND SERVICES.

GENERAL TERMS. This Agreement is a legally binding agreement between you and Bricks. By using any part of the Sites and Services, which is intentionally defined broadly, you agree to be legally bound by all of the terms and conditions of the Agreement. This Agreement sets forth your rights and obligations with respect to your use of and access to the Sites and Services. If you have questions regarding this Agreement, please contact us here: brad@bricksstation.

ACCEPTANCE OF TERMS. BY USING AND ACCESSING ANY PART OF THE SITES AND SERVICES, YOU EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 13 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT; (C) UNDERSTAND THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT; (D) ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS NOT BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; (E) ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND (F) WILL COMPLY WITH THE TERMS OF THIS AGREEMENT AND ANY APPLICABLE LAWS AND REGULATIONS.

UPDATING TERMS. Bricks reserves the right, at its discretion, to change, delete, and update this Agreement and any other policies that govern or relate to the Sites and Services, at any time, for any reason, and in Bricks sole discretion. Bricks also reserves the right to discontinue any Sites and Services, and/or to terminate your access to or use of the Sites and Services. It is your responsibility to periodically review this Agreement for changes. Any amendments and modifications by Bricks will be prospective, and unless otherwise provided in this Agreement, will be effective upon being posted on one or more of the Sites and Services. The Agreement can be accessed from the link at the bottom of web page accessible at bricksstation.com. Your access and/or use of any of the Sites and Services after terms of this Agreement are amended or updated shall be deemed acceptance of all such changes.

PRIVACY. Bricks is committed to providing transparency in how it collects, uses and shares data. The terms of Bricks’ Privacy Policy, apply to your use of the Sites and Services, and are incorporated by this reference. It is your responsibility to read and understand Bricks’ Privacy Policy, which is also updated from time to time. Any information you provide to Bricks or is otherwise collected by Bricks or its affiliates and agents when you access or use the Sites and Services, is subject to Bricks’ Privacy Policy.

MINORS. The Sites and Services are designed for use by individuals who are at least 13 years of age. If you are under 13 years old, you may not submit any personally identifiable information to Bricks through the Sites and Services unless your parents have first provided Bricks with verifiable parental consent for you to provide the information.

REGISTRATION. If you register or provide personal contact information through our Sites and Services, you agree to provide truthful, accurate, and reliable information about yourself. If you obtain a username and password in connection with your registration, you agree to safeguard the confidentiality of your password and agree that you will not disclose or share the password with any third parties. You are responsible for all activities that may occur under your username or password.

OWNERSHIP RIGHTS. Bricks and/or its content providers and third-party vendors (as applicable): (a) own or license all of the content, materials, and other intellectual property related to the Sites and Services, including, without limitation, all trademarks, logos, text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, look and feel, compilation, titles, words or phrases, page headers, service names, advertisements, promotions, trademarks, patents, and copyrights (collectively, “Materials“); and (b) expressly reserve all right, title and interest in and to the Materials. You have no rights to use the Materials except as expressly set forth in this Agreement. Any use of the Materials that is not expressly authorized by this Agreement is prohibited.

LIMITED LICENSE. Subject to the terms of this Agreement, Bricks grants you a limited, non-exclusive license to access and use the Sites and Services for your non-commercial, personal and informational use and/or to obtain products, services, rewards or information from Bricks. You may not use any part of the Sites and Services for commercial purposes, to compete with Bricks in any way (either directly or indirectly) or to harm Bricks in any way.

INFORMATION SECURITY. When you provide Bricks information online, including when you apply for a job, you understand and expressly agree that there is a risk of fraud or security breach. While Bricks takes industry standard efforts to protect your transaction and sensitive information, Bricks disclaims any and all warranties that such transactions will be error-free or may not be subject to a third party security breach and you waive all claims relating to the same.

EMAIL AND MOBILE MARKETING COMMUNICATIONS. Bricks’ email and mobile advertising, informational programs, and rewards/loyalty programs that are made available through the Sites and Services are complimentary, require no purchase or fee for participation, and are subject to change in Bricks’ sole discretion. You may always opt-out of Bricks email and marketing programs (see below).

If provide Bricks with your mobile phone number, it must be your own and may not be anyone else’s as, by doing so, you are proving affirmativeconsent (i.e., opting in ) to receive recurring advertising and other text messages from and on behalf of Bricks and its affiliates via an automatic telephone dialing system to the mobile phone number you provide. Your consent to receiving such messages is not a condition of purchasing any goods or services.

To stop receiving emails and mobile marketing communications, follow these instructions:

Emails: Each marketing email sent contains an easy, automated way for you to cease receiving email from us. If you wish to do this, simply follow the “Unsubscribe” link at the end of any marketing email.
Mobile Texts: You can unsubscribe at any time by texting “STOP” in response to any marketing text/SMS message you receive on Bricks’ behalf.

Bricks does not charge you for sending or receiving text messages to Bricks. However, your mobile service provider’s message and data rates may apply. All applicable charges will be billed by and payable to your mobile service provider. Bricks will not be liable for any failures or delays in the receipt of any email or text messages, as delivery is subject to effective transmission from your network operator.

Bricks works with various third-party service providers to provide its email and mobile advertising, and rewards/loyalty programs including, without limitation, Tecmark. Bricks and its service providers collect information from you when you sign up for and use these services. Collected information may include (without limitation) your cell phone number, your carrier’s name and the date, time, your name and the content of your message(s). We may use this information to contact you, to provide the services to you, and to enhance our marketing and communications with you.

If you have any questions on our email or mobile marketing programs, contact us here: brad@bricksstation.com.

If you have any questions regarding our third-party vendors, please contact their website terms of use and privacy policies that are available on their web sites linked above; and/or contact us for more information.

Our mobile marketing programs may not be available on all carriers. Please contact us for a list of US carriers through which we provide our programs. You must be 13 years of age or older to participate in our email communications and mobile text alerts.

SYSTEMS/MOBILE DEVICES. Some operating systems and mobile devices may not be capable of accessing the Sites and Services. Bricks is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access or use any of the Sites and Services. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with access to or use of the Sites and Services.

SECURITY. Bricks makes no representations or warranties as to the security of the Sites and Services. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. We recommend that you take the following precautions to safeguard your data:

Always use a complex password with unique numbers, letters and special characters, and do not disclose your password to anyone. If you share your password or your personal information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately change your password.
Keep your computer software up to date with the latest browser and anti-virus security software.
Be aware of increasingly common email scams that may use your email address to contact you and ask for personal or sensitive information. Always be cautious when opening links or attachments from unsolicited third parties. Bricks will not send you emails asking for your credit card number, social security number or other personally identifiable information. So if you are asked for this information, you can be confident it is not from Bricks.
If you have any questions or concerns regarding security or whether a communication is from Bricks please contact us here.
In the event that Bricks or any of its vendors experience a data breach that may affect you, you expressly consent to receive notice of such breach or data security incident exclusively through electronic correspondence as set forth below.

Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the Site and Services with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact us here: brad@bricksstation.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

INTELLECTUAL PROPERTY. All of the Materials accessible on or through the Sites and Services are owned by Bricks and are registered and/or protected by U.S. and international copyright, trademark, and other laws. Bricks reserves all rights in and to its Materials. You agree to retain all trademark, copyright and all other proprietary notices contained in or on the Sites and Services. You may not delete or change any copyright or trademark notices, and may not alter or modify the Materials in any manner without the express written permission of Bricks. You may not copy or use any of the Materials or Bricks intellectual property in any way that is not expressly authorized herein without first obtaining written consent from Bricks.

FAIR & TRUTHFUL ADVERTISING. Bricks endeavors to engage in truthful and transparent methods of advertising and expects users of the Sites and Services to do the same. If you provide any endorsements or testimonials on or through any of the Sites and Services, you must provide only your honest opinions and experiences. If you are an employee of Bricks, or if you receive any compensation, free products or services, or any other value from Bricks, you must disclose that with any testimonials or endorsements you may provide on or through the Sites and Services.

PROHIBITED CONDUCT. You may not:

Violate or attempt to violate the security of the Sites and Services or to interfere with any intellectual property or proprietary rights in or to the same;
Use or access the Sites and Services to transmit, copy, reproduce, modify, republish, upload, post, transmit, email, or distribute any material or content that infringes any copyright, trademark, proprietary, or other right of any person or entity (including Bricks) or that otherwise violates the terms of this Agreement;
Redeliver or publish all or part of the Sites and Services using framing, scraping, or any other related technology;
Use or incorporate any of Bricks’ trademarks, trade dress, the name of any Bricks’ personnel, or any variation of these items as a metatag, Adword, hidden textual element, or in any other fashion that may create a false or misleading impression of affiliation, sponsorship, or endorsement between Bricks and you, or any other individual or entity;
Upload, email or otherwise transmit to Bricks and/or through the Sites and Services any of the following: sexually-explicit images or statements; advertising, promotional, or other unauthorized communication, including, without limitation, commercial solicitations, junk mail, surveys, unsolicited email, spam, and any material that contains viruses, Trojan horses, worms, time bombs, malware, cancelbots, or any other computer code, files or programs that could interrupt, limit or interfere with, damage, surreptitiously intercept, breach or expropriate any system, data or information related to or connected with the Sites and Services, or any computer software, hardware, cloud, hosted system or other equipment that is owned, leased or in any way used by Bricks;
Use the Sites and Services to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, 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;
Take any action that imposes, or may impose, in Bricks’ sole discretion, an unreasonable or disproportionately large data load on Bricks’ system or infrastructure;
Interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on or through the Sites and Services;
Bypass measures used by Bricks to prevent or restrict access to the Sites and Services, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Bricks; or
Impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false email or other headers, or otherwise falsify your identity from Bricks for any purpose.

The license granted to you under this Agreement to access and use the Sites and Services shall automatically terminate if you violate any of these restrictions. Bricks reserves the right to disclose the identity of anyone posting or transmitting information or materials violating the above prohibitions.

CONTACTS/SOLICITATIONS. In certain cases, users and other contributors of content might post their email address or other contact information on or through the Sites and Services. The contact information is to be used only for purposes of contacting that individual to discuss the content that they posted. You may not contact those individuals or any employees of Bricks for commercial purposes in any manner without the prior written consent of Bricks.

TERMINATION, REMOVAL OF MATERIALS, AND MONITORING. This Agreement is effective until terminated. Bricks may terminate, restrict, or suspend all or part of your license to access and use the Sites and Services and may delete any User Content transmitted to or through the Sites and Services, at any time, in its sole discretion, without prior notice to you and without any liability to you. Bricks has the right (but not the affirmative responsibility) to take any action relating to User Content that it deems necessary or appropriate if such information, as determined in Bricks sole discretion, may create liability for Bricks, its affiliates, agents, customers, or its contractors or may affect Bricks’ business relationships or contracts with its agents, customers, or its contractors. Bricks further reserves the right to remove any materials that it deems to be defamatory, abusive, offensive, illegal, harassing, immoral, disruptive or do not conform to this Agreement—though Bricks shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to posting.

WEBSITE LINKING. For your general informational use only, Bricks may provide access to third party websites. These links allow you to leave the Sites and Services. Bricks is unable to verify, and takes no responsibility for, the contents of any third party website that may be linked to or through any of the Sites and Services. By providing access to other websites, Bricks is not recommending or supporting any third party, is not recommending the purchase or sale of any products or services of a third party, and is not endorsing or acknowledging that it is affiliated with any website’s sponsoring organization. Bricks does not expressly, or by implication, endorse, recommend, or make any representations or warranties related to any commercial product, process or service (whether by trade name, trademark, service mark, generic description or referral to a distributor or manufacturer) referred to on any third party site or related to creation of links to such site. Before relying on any information contained on any third party website, you are cautioned to undertake your own independent evaluation of its accuracy, completeness, usefulness, timeliness and correct sequencing, and protections against potential viruses and other malicious code in downloaded material.

DISCLOSURE OF YOUR IDENTITY AND USE. In addition to the ways Bricks may disclose your information set forth in Bricks’ Privacy Policy. Bricks expressly reserves the right to disclose any and all information we have about you (including your identity) if we determine that such disclosure is necessary or advisable in connection with any investigation or complaint regarding your use of the Sites and Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Bricks’ rights or property, or the rights or property of visitors to or users of the Sites and Services, including Bricks’ customers. Bricks reserves the right at all times to disclose any information that Bricks deems necessary to comply with any applicable law, regulation, legal process or governmental request, including, but not limited to, court order or subpoena. Bricks also may disclose your information when Bricks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes or for governmental authorities for security purposes.

VIRUSES. Bricks cannot and does not guarantee or warrant that files available for downloading from the Sites and Services are free of viruses, worms, Trojan horses, malware, web cells or other code that may have contaminating, destructive or security-vulnerable properties. It is your responsibility to review and scan any and all downloaded materials from the Sites and Services and/or any links provided by or through the Sites and Services. Bricks will not be responsible or liable for any damage caused by your use of the Sites and Services.

INACCURACIES OR ERRORS. The descriptions, pictures, representations of products, promotions and/or other information available on the Sites and Services may contain inaccuracies and/or errors. Bricks does not make any warranty or representation with respect to the accuracy or completeness of any such information, and reserves the right to correct the same without penalty. Furthermore, the prices and availability of products on the Site may change without notice to you at any time in Bricks’ sole discretion. Bricks shall have the right to refuse or cancel any advertisements placed or listed at an incorrect price or location.

DISCLAIMERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES AND SERVICES ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). BRICKS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE “BRICKS’ PARTIES“) MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITES AND SERVICES; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN THE BRICKS PARTIES; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF DATA.

LIMITATION OF LIABILITY. YOUR USE OF THE SITES IS AT YOUR OWN RISK. YOU AGREE THAT THE BRICKS’ PARTIES ARE NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE BRICKS PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO BRICKS WITHIN THE LAST SIX MONTHS TO ACCESS OR USE THE SITES AND SERVICES WHICH FORM THE BASIS OF YOUR CLAIM, OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS TO BRICKS. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY BRICKS IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE BRICKS PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

INDEMNIFICATION. In consideration of your access to and use of the Sites and Services, you hereby agree to indemnify, defend, and hold harmless the Bricks’ Parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to your breach of this Agreement, your violation of law, or your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary rights, or publicity, contract, moral, or privacy rights related to User Content or otherwise).

APPLICABLE LAW. Bricks manages the Sites and Services within the State of Michigan in the United States. If you choose to access or use any of the Sites and Services from any other location, state or country, you do so at your own risk and initiative and are solely responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Michigan (excluding any choice of law rules) govern your rights and obligations relating to Bricks and your use of/access to the Sites and Services, and exclusive jurisdiction and venue for any disputes relating to this Agreement and/or the Sites and Services shall be the state or federal courts located in Michigan.

ATTORNEYS’ FEES AND COSTS. If Bricks takes any legal action against you as a result of your violation of this Agreement of misuse of the Sites and Services, Bricks be entitled to recover from you, and you agree to pay, all of Bricks reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Bricks. You agree that Bricks will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this Agreement or misuse of the Sites and Services.

SEVERABILITY AND WAIVER. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, all of which shall remain in full force and effect. Failure to exercise or delay in exercising any right, power or privilege by Bricks under this Agreement shall not constitute any waiver or modification of the terms of this Agreement by Bricks.

INCORPORATED TERMS. Additional terms and conditions may apply to your access to and use of the Sites and Services, including (without limitation) Bricks’ Privacy Policy, and any promotional, loyalty, rewards, or sweepstakes rules, are incorporated herein by reference and shall be binding upon all users.

ENTIRE AGREEMENT. This Agreement—along with all incorporated terms identified above—contains the entire agreement between you and Bricks with respect to the Sites and Services. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by this Agreement. Terms that by their nature are intended to survive the termination, cancellation, or expiration of this Agreement shall survive.

CONTACT US. Bricks operates the Site from its company headquarters in Michigan where we have two service friendly locations, one in Alto, Michigan and one in Granville, Michigan. Bricks does not in any way imply that the materials on the Sites and Services, or products described in the same, are available in all jurisdictions where we operate or in a jurisdiction where we are not licensed to do business or that we are soliciting business in any such jurisdiction. If you have any questions or concerns, please contact us: brad@bricksstation.com