Brickstuff.com Terms of Use
Welcome to Brickstuff.com, a division of Enthusiast Enterprises, LLC. Brickstuff’s website provides features to you subject to the following conditions. If you visit or shop through brickstuff.com, you accept these conditions. Please read them carefully.
1) PRIVACY
Please review our Privacy Policy, which also governs your visit to brickstuff.com, to understand
our practices.
2) ELECTRONIC COMMUNICATIONS
When you visit brickstuff.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3) COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio, clips, digital downloads, data compilations, and software, is the property of Brickstuff, Enthusiast Enterprises, LLC, or the respective owners of the material, who may or may not be affiliated with, connected to, or sponsored by Brickstuff and all material is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Enthusiast Enterprises, LLC and protected by U.S. and international copyright laws.
4) TRADEMARKS
Brickstuff trademarks and trade dress may not be used in connection with any product or service that is not Brickstuff’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Brickstuff or Enthusiast Enterprises, LLC. All other trademarks not owned by Brickstuff that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brickstuff.
5) LICENSE AND SITE ACCESS
Brickstuff grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brickstuff. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brickstuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brickstuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing Brickstuff's name or trademarks without the express written consent of Brickstuff. Any unauthorized use terminates the permission or license granted by Brickstuff. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of brickstuff.com so long as the link does not portray Brickstuff, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Brickstuff logo or other proprietary graphic or trademark as part of the link without express written permission.
6) YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of any account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use brickstuff.com only with involvement of a parent or guardian. Brickstuff reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
7) REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Brickstuff reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant Brickstuff a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Brickstuff the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brickstuff for all claims resulting from content you supply. Brickstuff has the right but not the obligation to monitor and edit or remove any activity or content. Brickstuff takes no responsibility and assumes no liability for any content posted by you or any third party.
8) RISK OF LOSS
All items purchased from Brickstuff are made pursuant to a merchant contract. This means that the risk of loss and title for such items pass to the customer upon physical delivery from the carrier to the
customer.
9) RETURNS, REFUNDS AND TITLE
All purchases through the brickstuff.com website are currently routed through tindie.com. Tindie has an extensive policy regarding returns and refunds, which customers receive when making a purchase and which is sent along with their order printed on their invoice. All purchases made through any other medium, including but not limited to, trade shows and in-store sales are governed by the warranty contained in the product box. Please email [email protected] with any questions regarding returns and refunds on items NOT purchased through Tindie.
10) PRODUCT DESCRIPTIONS
Brickstuff attempts to be as accurate as possible. However, Brickstuff does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Brickstuff itself is not as described, your sole remedy is to return it in unused condition.
11) PRICING
Except where noted otherwise, the List Price displayed for products on our website, or through Tindie’s merchant site, represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. Your purchases through brickstuff.com are charged at the time you place your order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Customer agrees that the purchase of products from Brickstuff are made at the Customer’s own risk. Brickstuff products are made available for purchase “as is” without warranty of any kind beyond the
return of products found in the return policy. Brickstuff may not be accountable for any damage, liability, direct, indirect, or consequential, (including physical injury and property damage) that may arise from the purchase or use of any products.
13) DISPUTES
Any dispute or claim relating in any way to your visit to brickstuff.com or to products sold or distributed by Brickstuff or through the merchant website on tindie.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Venue for the dispute will be Ramsey County in the state of Minnesota. The AAA's rules are available at https://www.adr.org/ or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Brickstuff will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
14) APPLICABLE LAW
By visiting brickstuff.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Brickstuff.
15) SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to brickstuff.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16) OUR ADDRESS (for correspondence use ONLY—do not return any products to this address without a valid RMA number):
1) PRIVACY
Please review our Privacy Policy, which also governs your visit to brickstuff.com, to understand
our practices.
2) ELECTRONIC COMMUNICATIONS
When you visit brickstuff.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3) COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio, clips, digital downloads, data compilations, and software, is the property of Brickstuff, Enthusiast Enterprises, LLC, or the respective owners of the material, who may or may not be affiliated with, connected to, or sponsored by Brickstuff and all material is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Enthusiast Enterprises, LLC and protected by U.S. and international copyright laws.
4) TRADEMARKS
Brickstuff trademarks and trade dress may not be used in connection with any product or service that is not Brickstuff’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Brickstuff or Enthusiast Enterprises, LLC. All other trademarks not owned by Brickstuff that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brickstuff.
5) LICENSE AND SITE ACCESS
Brickstuff grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brickstuff. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brickstuff. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brickstuff without express written consent. You may not use any meta tags or any other "hidden text" utilizing Brickstuff's name or trademarks without the express written consent of Brickstuff. Any unauthorized use terminates the permission or license granted by Brickstuff. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of brickstuff.com so long as the link does not portray Brickstuff, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Brickstuff logo or other proprietary graphic or trademark as part of the link without express written permission.
6) YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of any account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use brickstuff.com only with involvement of a parent or guardian. Brickstuff reserves the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
7) REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Brickstuff reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant Brickstuff a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Brickstuff the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brickstuff for all claims resulting from content you supply. Brickstuff has the right but not the obligation to monitor and edit or remove any activity or content. Brickstuff takes no responsibility and assumes no liability for any content posted by you or any third party.
8) RISK OF LOSS
All items purchased from Brickstuff are made pursuant to a merchant contract. This means that the risk of loss and title for such items pass to the customer upon physical delivery from the carrier to the
customer.
9) RETURNS, REFUNDS AND TITLE
All purchases through the brickstuff.com website are currently routed through tindie.com. Tindie has an extensive policy regarding returns and refunds, which customers receive when making a purchase and which is sent along with their order printed on their invoice. All purchases made through any other medium, including but not limited to, trade shows and in-store sales are governed by the warranty contained in the product box. Please email [email protected] with any questions regarding returns and refunds on items NOT purchased through Tindie.
10) PRODUCT DESCRIPTIONS
Brickstuff attempts to be as accurate as possible. However, Brickstuff does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Brickstuff itself is not as described, your sole remedy is to return it in unused condition.
11) PRICING
Except where noted otherwise, the List Price displayed for products on our website, or through Tindie’s merchant site, represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. Your purchases through brickstuff.com are charged at the time you place your order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Customer agrees that the purchase of products from Brickstuff are made at the Customer’s own risk. Brickstuff products are made available for purchase “as is” without warranty of any kind beyond the
return of products found in the return policy. Brickstuff may not be accountable for any damage, liability, direct, indirect, or consequential, (including physical injury and property damage) that may arise from the purchase or use of any products.
13) DISPUTES
Any dispute or claim relating in any way to your visit to brickstuff.com or to products sold or distributed by Brickstuff or through the merchant website on tindie.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Venue for the dispute will be Ramsey County in the state of Minnesota. The AAA's rules are available at https://www.adr.org/ or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Brickstuff will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
14) APPLICABLE LAW
By visiting brickstuff.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Brickstuff.
15) SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to brickstuff.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16) OUR ADDRESS (for correspondence use ONLY—do not return any products to this address without a valid RMA number):
