Terms & Conditions
The rules and regulations in these Terms and Conditions apply to all visitors or users of this Web Site (“Users”). By accessing this Web Site, user acknowledges acceptance of these Terms and Conditions. House of Brick Technologies, L.L.C. (“HOB”) reserves the right to change these Terms and Conditions from time to time at its sole discretion. The amended version will be effective at the time HOB posts it. HOB may provide notice of substantial changes to the Terms and Conditions on the homepage of the Web Site. A User’s continued use of the Web Site following the posting of any changes constitutes that User’s acceptance of the changes. No revision or update will apply to a dispute of which HOB had actual notice on the date HOB posts the amended version.
In the case of any violation of these rules and regulations, HOB may seek any and all remedies available by law and in equity for such violations. These Terms and Conditions apply to all visits to the HOB Web Site, both now and in the future.
HOB hereby authorizes you to copy materials published by HOB on this Web Site solely for non-commercial use within your organization in support of HOB services and products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of HOB or any third party.
ALL CONTENTS ON THIS WEB SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM HOB. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS WEB SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
3. Applicable Laws
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.These Terms and Conditions shall be construed by the laws of the State of Nebraska, without regard to its choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Douglas County, Nebraska shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Terms and Conditions and you irrevocably submit to the jurisdiction of such courts.
4. Intellectual Property
The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of HOB or other third parties. Users are not permitted to use these Marks without the prior written consent of HOB or such third party which may own the Mark. “House of Brick” is a registered trademark of HOB and/or its affiliates.
5. General Disclaimer
Although HOB has attempted to provide accurate information on the Web Site, HOB assumes no responsibility for the accuracy of the information. HOB may change the services, programs or products mentioned at any time without notice. Mention of non-HOB products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HOB AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
HOB AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY HOB PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF HOB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Links to Third Party Sites
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the User’s own risk and HOB is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. HOB provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
8. Acceptable Use
Access to and use of password protected and/or secure areas of the Web Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site, or individuals/users attempting to access areas of the Web Site that they do not have rights of access to, may be subject to prosecution. You agree that you will not use the Web Site (a) in furtherance of or with intent to commit any fraudulent or other illegal activities, or otherwise in violation of any applicable law, regulation, legal agreement or HOB’s published policies; or (b) in a manner that is abusive of HOB programs or other information on the Web Site.
HOB may provide its users with chat rooms, forums, message boards and/or news groups. Please remember that any information disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
9. User Account
Where you have created an account in the Web Site, you confirm that the account information you have provided is truthful and accurate. You must keep your account password and information confidential and not share it with any other person. If you lose your password or become aware of access to your account other than by you, you agree to notify HOB immediately. If you become aware of or should reasonably know about use of your password or account by any person other than you, and if you do not notify HOB immediately of such use, you will be responsible for any and all liability incurred by HOB or any other user of this Web Site due to unauthorized use. If HOB believes that your account has been compromised, HOB may require you to update your password. Further, HOB may suspend or limit the use of your account, refuse to provide services, and/or place a hold on any transactions. In the event HOB reasonably believes that your actions affect other users or third parties, HOB may warn such other users or third parties, including law enforcement. HOB may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal action.
10. Copyright Policy
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account, deny access to a site or service, or terminate any User who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
- A description of the copyrighted work or other work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our sites, networks or other repositories;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
House of Brick Technologies, L.L.C.
9300 Underwood Avenue, Suite 300
Omaha, NE 68114
Attn: Copyright Agent
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
11. Open Source
HOB’s Web Site may contain, discuss or display software from the open source community that must be licensed under the specific license terms applicable to such software.
12. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and HOB with respect to this Web Site and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of these Terms and Conditions. If any term, provision, covenant or restriction of these Terms and Conditions is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public policy, the remainder of these Terms and Conditions shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.