Terms

Terms and Conditions

BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.

Welcome to our Web site! This Web site (www.brickloot.com, or any replacement site, the “Site”) is operated by Xerk Industries Inc. d/b/a Brick Loot (“Brick Loot”, “we”, or “us”) to provide you with information about us and the services we offer, along with other relevant information which we hope you find useful. All access to and use of the Site is governed by and subject to these terms and conditions (these “Terms”). Please read these Terms carefully and thoroughly. By accessing and using the Site, you acknowledge that you have read and understand these Terms and you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.

Changes to Terms:
As our business and the Internet grows and changes, we may update and amend these Terms from time to time, whether to change existing terms, as necessary and appropriate, or to incorporate additional terms specific to new or additional features, materials, opportunities, or services that we make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.

Changes to the Site:
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.

Services:
Brick Loot is a box subscription company. The products and contents of each subscription box may vary, and we make no guarantees that you will receive a particular product in a box. Many of our vendor’s products come in a variety of quantities, types, colors and sizes. The contents within the boxes are not manufactured by Brick Loot, but rather by Brick Loot vendors. If you have any issues please contact support@brickloot.com.

Membership / Subscriptions:
You may be required to be registered with Brick Loot in order to access an account. If you choose to register for a membership, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the online registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, except with the approval of your parent or guardian. As a customer with a membership you understand your subscription has an initial and recurring payment feature. You accept all responsibilities for recurring charges. Your membership will automatically renew at our current package rate. To cancel your subscription at anytime you must login to your online account and edit your account. You must cancel your subscription before the 25th of the month to not receive the following months box. If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current membership period. We reserve the right to revoke your membership at any time as a result of a violation of these Terms or the Privacy Policy. Membership is void where prohibited by law.

Taxes:
If you are an Illinois resident you agree to pay all sales taxes, duties and other charges that may be incurred by you or on your behalf through the service.

Contests:
Brick Loot may run certain contests on the main site or social media. Your participation in any such sweepstakes and/or contest is subject to and governed by the applicable Official Rules as set forth on, or linked to, any specific landing page for each such sweepstakes or contest on the Site. All such sweepstakes and contest terms are hereby incorporated by reference into these Terms of Service.
ALL CONTESTS AND SWEEPSTAKE S ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN CHICAGO, IL.

Risk of Loss:
All merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. If you have received a box that is damaged or includes broken merchandise please contact support@brickloot.com

Warranty:
The products offered on the site are provided on as “as is” and “as available” basis without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brick Loot disclaims all warranties, express or implied, including, but not limited to, any and all implied warranties.

Refunds / Returns:
Brick Loot does not provide refunds. If you are not happy with your purchase you are welcome to sell the items to others. Due to the boxes being a surprise we can not issue refunds or exchanges.

Security:
Brick Loot employs such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from, or stored on, the Site. However, we cannot and do not guarantee that any such information or transmissions are or will be totally secure. Unencrypted Internet communications are not secure, and no security measures are impenetrable. You agree to immediately notify us of any breach of Site security, these Terms, or our Privacy Policy of which you become aware.

Intellectual Property:
At Brick Loot, we respect the intellectual property rights of others and expect you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, products, and services that are available on or through the Site. You understand that Brick Loot owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, products, and services made available on or through the Site, and all Content therein. You acknowledge that the Content on the Site constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and you agree that you acquire no ownership interest by accessing and using the Site and the Content therein. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of Brick Loot or its licensors and content-providers.

Copyright:
The information and content on this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brick Loot and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Brick Loot. Copyright 2014 Brick Loot. All rights reserved. We cannot guarantee information displayed on this Site to be 100% accurate.

Trademarks:
All trademarks, service marks, and trade names of Xerk Industries or Brick Loot on the site are trademarks or registered trademarks of Brick Loot, or of their respective owners.

Use of Content:
Brick Loot grants you a limited, personal license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms.  Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as provided above, you may not reproduce, perform, create derivative works of, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of Brick Loot. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of Brick Loot. You agree not to remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Brick Loot in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.

Limitation of Liability:
IN NO EVENT SHALL BRICK LOOT OR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND SERVICE-PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING (the “REPRESENTATIVES”), BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROUGH BRICK LOOT; (B) BRICK LOOTS’ PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.

UNDER NO CIRCUMSTANCES SHALL BRICK LOOT OR ITS REPRESENTATIVES, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH AFTER SCHOOL SITTERS, THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF AFTER SCHOOL SITTERS, EVEN IF AFTER SCHOOL SITTERS WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.

IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF BRICK LOOT AND ITS REPRESENTATIVES, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF BRICK LOOT OR ITS REPRESENTATIVES, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, BRICK LOOT AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.

Indemnification:
You agree to indemnify, defend and hold Brick Loot, and its Representatives, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys fees), made by any third party due to or arising out of content, data, information, other materials that you submit, post to, or transmit through the Site, your access to or use of the Content, the Site, and other materials, products, and services available on or through the Site and Brick Loot, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.

Cookies:
Brick Loot uses cookies to provide a better user experience. Cookies are small digital signature files that are stored by your web browser or computer that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. 3rd party advertising companies may also use cookies for tracking purposes. Brick Loot has Google Analytics and their various Advertising Features implemented. We use cookies such as the Google Analytics cookie and other first-party identifiers, and third-party cookies or other third-party identifiers together to promote our site to visitors. Visitors may opt-out of the Google Analytics Advertiser Features, through Ads Settings, Ad Settings for mobile apps, or any other available means for example, the NAI's consumer opt-out at http://www.networkadvertising.org/choices/. More information on Google Advertising options may be found at https://tools.google.com/dlpage/gaoptout/

Miscellaneous:
These Terms and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Site, the Content, and any other materials, products, and services available on or through the Site. Specific services that we provide to you pursuant to any separate agreement between you (or, if applicable, your Company) and Brick Loot are subject to and provided on the terms of that agreement, and nothing in these Terms will supersede any such separate agreement with respect to the subject matter thereof. Our electronically or otherwise properly stored copy of these Terms shall be deemed to be the true, complete, valid, authentic, and enforceable copy of these Terms, and you agree that you shall not contest the admissibility or enforceability of Brick Loots copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you and Brick Loot. Brick Loot may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of Brick Loot. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any applicable laws and regulations of any jurisdiction from which you are accessing the Site and any other jurisdiction whose laws apply to you or your actions.

Jurisdiction:
The Site is controlled by or on behalf of Brick Loot in the United States of America. These Terms shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of law principles or rules. Any claim or action brought by you that arises out of or relates to these Terms and your access to and use of the Site or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Cook County, Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms or the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Site, the Content, and the materials and Services available on or through the Site or through Brick Loot. You expressly waive any claim that venue is improper for any reason in these courts.

Questions Regarding The Site or these Terms
Please contact us with any questions regarding the Site or these Terms by e-mail at info@brickloot.com or by calling our Administrator at 224-203-LOOT (5668).

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