Terms and Conditions
Last updated: April 16, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.brickseek.com website and the BrickSeek mobile application (together, or individually, the “Service”) operated by AKSOLOGY LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.
By creating an Account through a Subscription (defined below) or through a free Basic Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, or for onboarding “welcome” emails, by responding to the email and asking to be unsubscribed.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AKSOLOGY LLC cancels it. You may cancel your Subscription renewal either through your online account management page (https://brickseek.com/account?action=subscription) or by contacting AKSOLOGY LLC customer support team. Any cancellation must be timely, occur before your Subscription is scheduled to next renew, and as set forth herein to be effective.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide AKSOLOGY LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, email address, and
a valid payment method information. By submitting such payment information, you automatically authorize AKSOLOGY LLC to charge all Subscription fees incurred through your Subscription to your designated payment method(s).
Should automatic billing fail to occur for any reason, AKSOLOGY LLC will attempt to retry automatic billing collection up to 12 additional times for a maximum of seven calendar days. If those subsequent billing attempts fail, your Subscription will be automatically cancelled on the seventh calendar day. AKSOLOGY LLC is not responsible for any overdraft or administrative fees or charges that you may be assessed in connection with failed attempts at collecting payment. Subscription periods are not changed or extended out in the event of missed or failed payments. In the event AKSOLOGY LLC is required to enforce the provisions of this paragraph of the Terms, AKSOLOGY LLC shall be entitled to recovery of reasonable attorney’s fees.
AKSOLOGY LLC reserves the right to cancel any Subscription, at any time, for any reason, in its sole discretion. A Subscription should be treated as a privilege, as the right to maintain one can be revoked at any time by AKSOLOGY LLC.
AKSOLOGY LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
AKSOLOGY LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount and your continuing agreement to automatically authorize AKSOLOGY LLC to charge all Subscription fees incurred through your Subscription to your designated payment method.
You can cancel your Subscription at any time. You can do this via your online account management page (https://brickseek.com/account?action=subscription) or by contacting AKSOLOGY LLC customer support team. All Subscription cancellations must occur before your Subscription is scheduled to next renew. If you cancel your Subscription, you will continue to have access to your Account through the end of your current billing period, and your Account will automatically close at the end of that current billing period. If you reactivate your Subscription after cancelling it but before your next renewal date, your Subscription will become active again immediately, and automatic renewal will occur as usual on the original renewal date.
Payments are nonrefundable and there are no refunds or credits for partially used Subscription periods. Partial refunds are not issued in the event that an automatic Subscription renewal payment fails and certain account features are inaccessible until such time that the payment is processed successfully. Following Subscription cancellation, you will continue to have access to your Account through the end of your current billing period. Refunds are not issued for previous months, regardless of whether the Account was utilized, if you neglected to cancel the automatic renewal for your Subscription.
AKSOLOGY LLC cannot control a user’s in-store experience. Refunds are not issued based on a user’s ability or inability to locate an item in store or online, or to purchase it for their desired price. At times, certain site features may become temporarily unavailable due to third party interruptions. Refunds are not issued for site disruptions caused by a third party.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, including our Community Forums and our various social media channels, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Subscription of anyone found to be infringing on a copyright or intellectual property ownership of a third party.
You further agree to indemnify, defend and hold harmless AKSOLOGY LLC and its agents, members and employees from and against any claim, damage, fee, fine, judgment, imposition, cost, court costs, professional and attorney’s fees arising from your breach of warranty and/or use of any Content as set forth herein. Your indemnification obligations will survive any termination of your Subscription.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. AKSOLOGY LLC shall have no obligation or responsibility and shall assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the non-exclusive right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
AKSOLOGY LLC has the right but not the obligation to monitor and edit all Content provided by users. You agree that AKSOLOGY LLC can remove any Content, at any time, for any reason as determined in its sole discretion.
Content found in pages provided to you via Premium member pages or feeds, Extreme member pages or feeds, or any other pages or feeds only accessible via a paid Subscription is for the personal shopping use of the subscriber only. You may not distribute, modify, transmit, reuse, download, repost, screenshot, or copy said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advanced written permission from us. We reserve the right to immediately cancel any Account and/or Subscription found to be in violation of these terms at any time, without warning, and no refund shall be due and owing to you.
When you create an Account with us, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer, other devices, and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. AKSOLOGY LLC shall not be liable for use of your Account and/or password with the Service by any third party.
You agree not to share your Account login credentials with other individuals, third parties, or online groups or sites, it being understood that your Account is personal and exclusive to you. You agree not to “bot” or “spam” the site using your own program(s), software, or extension(s) or those of any third party. AKSOLOGY LLC can place your Subscription on hold and temporarily suspend access to your Account while it investigates potential fraudulent activity, including Account sharing and/or “botting” or “spamming” activity. Should AKSOLOGY LLC, in the exercise of its discretion, have reason to believe that you are sharing your Account with other individuals, third parties, or online groups or sites, or “spamming” or “botting” the Service, AKSOLOGY LLC shall be permitted to immediately terminate your Account, and no refund shall be due and owing to you.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the sole and exclusive property of AKSOLOGY LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AKSOLOGY LLC, as determined in our sole discretion. AKSOLOGY LLC shall have all legal and equitable remedies, including, but not limited to, injunctive relief to protect its intellectual property. In the event AKSOLOGY LLC is required to enforce the provisions of this paragraph of the Terms, AKSOLOGY LLC shall be entitled to recovery of reasonable attorney’s fees.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by AKSOLOGY LLC.
AKSOLOGY LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that AKSOLOGY LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless AKSOLOGY LLC and its licensee and licensors, and their employees, contractors, agents, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees), resulting from or arising out of: a) your use and access of the Service, by you or any person using your Account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall AKSOLOGY LLC, nor its members, officers, directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. AKSOLOGY’s liability shall be limited to the cost of your Subscription.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
AKSOLOGY LLC its subsidiaries, affiliates, and its licensors do not warrant that: a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
AKSOLOGY LLC makes no representation or warranty as to the accuracy of any third party information provided or obtained from the Service. AKSOLOGY LLC is an information tool, but does not represent or warranty such information. AKSOLOGY LLC makes no representation or warranty as to the availability of any product reported by any third party retailer.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions. Venue shall lie in the appropriate federal or state court in the State of Arizona.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.