Website Terms and Conditions
Privacy Policy
The submission of information to Share The Brick (as defined below), access to, and use of the Share The Brick websites ShareTheBrick.com, and ShareTheBrick.ca, Goliath Technologies), and the real estate information services provided thereon (collectively, the “Service”) is subject to the following contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using or accessing the Service under a paid subscription or accessing the Service for free, you are a Customer that is a “User.” These Terms and Conditions refer to Users and Customers collectively as “You.” You may only use the Service if you are at least 16 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics, or listing service is permitted to be a User or a Customer or to view, use, or access the Share The Brick website without the express written permission from Share The Brick. By viewing, using, or accessing the Service, you represent and warrant that You are not a competitor of Share The Brick, Goliath Technologies or any of its affiliates, including, without limitation, any company owned or operated by Share The Brick (collectively, “Share The Brick” or the “Company”) or acting on behalf of a competitor of Share The Brick in registering for or accessing the Service.
By viewing, using or accessing the Service through ShareTheBrick.com and ShareTheBrick.ca or through another website via Share The Brick's shared link service, You agree that these Terms and Conditions are a binding legal agreement between You and Share The Brick (the “Company”). You also agree to the Privacy Notice, which is available by hyperlink at the top of this page. If You do not agree to these Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and Share The Brick have entered into a separate written agreement that covers your use of a Share The Brick product or service (the “Licensee Agreement”), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: Share The Brick c/o General Counsel, Goliath Technologies, 150 King W St, 200, Toronto, Ontario, Canada, M5H1J9. Share The Brick may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Share The Brick websites.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by Share The Brick to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of Share The Brick. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Share The Brick system. Members are not permitted to share their individual login information with others. Share The Brick has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Marketing Center Terms as posted and displayed on the Share The Brick website, or abuses its rights related to the Service. Upon registration, which is free, the User becomes a Basic Member. Users and Basic Members may search using the Service and will receive access to the available advertised properties matching the designated search parameters. A Basic Member may also list properties on the Service based on the membership chosen,
Share The Brick utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant Share The Brick the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes Share The Brick determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. Share The Brick will honor Member’s request to opt-out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Using the Service
Using the Services. You will post in the appropriate category or area and will not do any of the following bad things:
violate any laws
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Share the Brick or the interests or property of Share the Brick users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the Share the Brick;
copy, modify, or distribute any other person's content;
use any robot, spider, scraper or other automated means to access Share the Brick and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
Abusing Share The Brick Services.
Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Share The Brick if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Share the Brick or not, we do not accept any liability for monitoring Share the Brick or for unauthorized or unlawful content on Share the Brick, or for use of Share the Brick by users.
bypass measures used to prevent or restrict access to Share the Brick.
violate any laws
be false or misleading;
infringe any third-party right;
distribute or contain spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Share the Brick or the interests or property of Share the Brick users;
impose an unreasonable load on our infrastructure or interfere with the proper working of the Share the Brick;
copy, modify, or distribute any other person's content;
use any robot, spider, scraper or other automated means to access Share the Brick and collect content for any purpose without our express written permission;
harvest or otherwise collect information about others, including email addresses, without their consent;
Abusing Share The Brick Services.
Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off Share The Brick if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Share the Brick or not, we do not accept any liability for monitoring Share the Brick or for unauthorized or unlawful content on Share the Brick, or for use of Share the Brick by users.
bypass measures used to prevent or restrict access to Share the Brick.
Submission and Administration of Listings
Members may submit to Share The Brick property descriptions, photographs, images, graphics, and financial, contact or other information (collectively, the “Submitted Content”) for each listing in Share The Brick. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to Share The Brick use of and rights in and to all Submitted Content that You upload, post, e-mail or otherwise transmit to Share The Brick; (b) Your license of such content to Share The Brick hereunder does not, and the use or license of such content by Share The Brick to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including, without limitation, as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content, You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, Share The Brick acknowledges that You retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant Share The Brick and its affiliates (including other Share The Brick companies) and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, aggregate, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that Share The Brick may preserve any such Submitted Content, whether submitted in the past or in the future and may also disclose such Submitted Content in its sole discretion (including, without limitation, within other products offered by Share The Brick and its affiliates). Member agrees not to submit any Submitted Content to Share The Brick unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Member’s website and Share The Brick’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third-party information provider under the terms of a license that does not allow the posting of such photograph or video on the Share The Brick website. Members may only submit videos personally created by them or their direct employees or contractors. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member’s listing incorporates content provided by Share The Brick or its affiliates, such as property photos or other images, information, and tools provided by Share The Brick (including, but not limited to, the “Acceptance Details” feature that populates with relevant information when an agreement is executed through the Share The Brick website), forms, agreements (collectively, “Share The Brick Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such Share The Brick Materials strictly in connection with Member’s Share The Brick listing. All other rights to Share The Brick Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Share The Brick website. No robot, spider or other automated services may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the Share The Brick website and the Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on Share The Brick.com. Member (a) represents and warrants that all properties as well as business information and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the Share The Brick marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. listings@abcrealty.com are strictly prohibited); (c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the Share The Brick website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining backup copies of all information, photographs, and other materials it provides to Share The Brick. Member agrees that Share The Brick may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of Share The Brick, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
By using the Share The Brick to advertise on the Site, you represent and warrant that: (a) the listing is eligible to be listed using Share The Brick, meaning the listing is a commercial property and is for lease or is a legitimate business activity; (b) you own or have the right to advertise the property or service you are listing; (c) you have the right to lease the advertised property; (d) you are willing to lease the advertised property at the price and on any other terms specified in your listing; (e) unless the listing contains a multi-unit condo or multi-lot land, you will not advertise more than one property in a single listing on Share The Brick, either by including descriptions of multiple units in one listing or by subsequently updating the listing information to advertise different properties or units; (f) you shall not advertise a duplicate listing (e.g., the same physical property listed under more than one Listing ID) on the Site, unless the duplicate listing is listed by a new broker, in which case Share The Brick may remove the older duplicate listing; (g) you shall update your listing with any changes on Share The Brick no less frequently than 30 days; (h) upon leasing or otherwise taking your property off the market, you will promptly delete the listing for that property; (i) you will not use the Share The Brick or the Site for any fraudulent, false, misleading or deceptive activity; (j) you are solely responsible for any and all listings you add using the Share The Brick, and all ads, photos, descriptions, data, or other information (“Content”) you submit to the Site; (k) all Content that you provide to Share The Brick and everything in your listing, including without limitation, any photos or text description, is non-infringing of a third party’s intellectual property rights, truthful, accurate and complete and comply with all local, state and federal laws and regulations, including without limitation, fair housing laws; (l) you have all the rights necessary to post your listings using the Share The Brick, including, without limitation, all content, photos, data, text, and other Materials contained therein, on the Site; and (m) photos you upload to the Share The Brick will only show the property or service listed for lease or sale or the surrounding amenities or area, and shall not include, under any circumstances, people, animals, trademarked items, religious symbols, or other objects or features not part of the property. Share The Brick reserves the right, in its sole discretion, to remove any listing or Content from the Site, without notice and without liability, that does not meet the requirements of these Terms, the Site’s Terms of Use, Share The Brick’s policies, or if Share The Brick otherwise determines or believes, in its sole and exclusive discretion, is inappropriate for any legal, business, technical or other reason. Share The Brick prohibits the listing of a single property more than once on the website at the same time.
LICENSES
By submitting a listing via Share The Brick, you grant to Share The Brick, its affiliates, and its parent and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use and exploit the Content that you submit. The permission you grant Share The Brick includes express permission for Share The Brick to use and display the listing and Content, or any modification thereof, in the Site and Share The Brick-affiliated or partner products and sites. In accordance with these Terms, Share The Brick grants you a limited, non-exclusive, non-sublicensable, fully paid, revocable license to use solely within your listing any Share The Brick data, photos, descriptions or other information Share The Brick may provide to you to enrich your listing.
LIQUIDATED DAMAGES
Violations of these Terms harm the integrity, functionality, and reputation of Share The Brick; detract from users’ and our customers’ trust in and use of the Site, and damage the business Share The Brick. At Share The Brick’s discretion and if feasible, Share The Brick may notify you of any violation you have caused and provide you ten (10) days to cure such violation. If such violation is not timely cured or if cure is not feasible, you acknowledge and agree that Share The Brick incurs actual damages, which are extremely difficult and/or impossible to quantify, as a result of any violation of these Terms. You agree that it is fair and reasonable for Share The Brick, as its option, to recover liquidated damages for past violations in the amount specified below, which represents a reasonable estimate of the actual damages incurred by Share The Brick for each such violation you commit and to seek and obtain injunctive relief to prevent future violations. You agree that monetary damages alone would not provide a sufficient remedy to Share The Brick for violations of these Terms, and you consent to injunctive or other equitable relief for such violations without the requirement that Goliath Technology post a bond. You agree specifically that the availability of liquidated damages does not impact Goliath Technology’s right to obtain injunctive relief. You further acknowledge and agree that the imposition of liquidated damages for each such violation of the Terms is independent and distinct, and that the assessment of total liquidated damages for multiple violations of the Terms is cumulative.
$1,000 Per Listing
You agree to pay $1,000 per advertisement on the Site that contains false or fraudulent content (including but not limited to false or misleading property location, descriptions, photos, or contact information.)
GENERAL LIMITATIONS
In most cases, listings added using the Share The Brick will appear on the Site within 24 hours of submission. Share The Brick DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES TO YOU REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE LEGAL SUFFICIENCY OR TAX CONSEQUENCES OF ANY DOCUMENT PROVIDED BY COSTAR, AND ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL OR LEASE YOUR PROPERTY, OBTAIN AN ACCEPTABLE SALE PRICE OR RENT FOR YOUR PROPERTY, ONLY RECEIVE LEGITIMATE INQUIRIES OR SOLICITATIONS FROM QUALIFIED BUYERS OR LESSEES, OR RECEIVE ANY INQUIRIES REGARDING YOUR PROPERTY FOR SALE OR LEASE. Share The Brick reserves the right to, but is under no obligation to and does not assume any obligation to, review listings added using Share The Brick before and/or after they are posted to the Site to confirm information relating to the advertiser and the advertised property and to investigate complaints and suspicious activity. If Share The Brick determines, in its sole and exclusive discretion, that you are engaging in any unfair, deceptive, false, misleading or fraudulent practices, or that your listing violates any laws or guidelines, Share The Brick reserves the right to reject or immediately remove your listing from the Site without notice and without liability, as described above.
Agreements and Tools. By viewing, using or accessing Share The Brick, including by using any tool, form or agreement provided on the Site, or by uploading any other form or agreement to the Site, you (i) acknowledge that Share The Brick is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms apply to such tools, forms and agreements and your use thereof, and (iii) acknowledge that Share The Brick makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same you confirm that you have made your own independent analysis of the sufficiency, legal effect, and enforceability of any such tools, forms and agreements without reliance upon Share The Brick.
Share The Brick makes no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing Share The Brick, you acknowledge and confirm that you have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
Miscellaneous
These Terms may be modified at any time and such modifications shall take effect upon the posting of the modified Terms on Share The Brick. Your continued use of Share The Brick or the Site after the posting of any modified Terms shall constitute your agreement to be bound by any such changes. Share The Brick may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in the Province of Ontario, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and Provincial courts in the Province of Ontario and waive any objection based on forum non-conveniens. As a condition of using the Share The Brick and the Site, you agree that all causes of action arising out of, or connected with the Site shall be resolved individually, without resorting to any form of class action. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision of the Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms will continue in full force and effect. Failure by Share The Brick to enforce any provision of the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms. Nothing herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties. IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS, YOU ARE NOT PERMITTED TO USE Share The Brick AND MUST EXIT THE SERVICE IMMEDIATELY.
Use of Information
You agree to treat all information obtained from the Service, including Share The Brick Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Share The Brick. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of Share The Brick. Share The Brick does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. Email addresses that a Member uploads to are for Member’s use only; You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other device, listing service, bulletin board system, any other electronic network, any data library or any other data sharing arrangement. You shall not integrate or incorporate any portion of the Content into any other database. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with Share The Brick, including, without limitation, using the Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Share The Brick customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Service. You shall not use any robot, spider or other automated processes to submit listings, monitor, scrape, data mine or copy Share The Brick products, services or information; decompile, decode or reverse engineer Share The Brick software; or use Share The Brick products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. You assign Share The Brick the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms and Conditions, scraped, copied, or distributed content from your Submissions and for which You have not granted such third parties a separate license to use.
Passwords/Logins
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. Share The Brick is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Nature of Customer's Business
If a Member or an affiliate of Member owns properties and intends to market them directly via the public Share The Brick marketplace, such Member represents to Share The Brick that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
The customer agrees to pay for all products ordered through the Share The Brick website or via the Share The Brick sales team using the payment method indicated, and provides Share The Brick express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer’s payment provider at the time of purchase or renewal. Fees owed depend on the specific type and quantity of Share The Brick products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Share The Brick may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At Share The Brick’s option, the Customer shall pay such taxes or fees directly or pay to Share The Brick any such taxes or fees immediately upon invoicing by Share The Brick. Share The Brick is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. To view your billing information, visit My Account. Monthly Premium subscriptions will automatically renew using the Customer’s current credit card account number unless the Customer or Share The Brick cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Plans” tab, once the Customer has logged into www.Share The Brick.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all member subscriptions will automatically renew for additional terms equaling the original term unless Customer or Share The Brick provides three (3) days advance written notice of non-renewal. All cancellation and non-renewal requests by Customers will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with Share The Brick.
If the Customer has a question about a cancellation, the Customer should contact Share The Brick Client Services at support@ShareTheBrick.com. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab and Credit Card updates should be made via the Payment Cards tab, once the Customer has logged into www.Share The Brick.com. Share The Brick does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify Share The Brick about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to Share The Brick’s attention within 90 days, the Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything to the contrary in the Licensee Agreement, if any, Share The Brick reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) Share The Brick shall refund any fees (if any) paid by Customer for the provision of the discontinued Deliverables after the effective date of such termination.
Premium Listings
Premium Listings may be purchased for a guaranteed initial term of one (1) month. An upgrade to a Premium Listing from a lower listing level initiates a new one (1) month's initial term. After the guaranteed initial term, the Premium Listing will automatically renew for one (1) month term unless Customer or Share The Brick cancels the Signature Listing at least three (3) days prior to the end of the then-current term.
A minimum of one (1) month initial term is required for all Premium Listings. If the Premium Listing is moved off market or upgraded to a higher Premium Listing exposure applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no refunds will be provided.
Premium Subscriptions
Share The Brick offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”). A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by Share The Brick to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including, without limitation, those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such a Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to the property listing, property searching, and member directory searching limitations. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive premium exposure; listings above Plan will receive exposure on the Company’s www.ShareTheBrick.com site. Customer acknowledges that Share The Brick (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. Share The Brick also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of the Customer’s listing activity on Share The Brick.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the Share The Brick website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes. After adding a listing at the Basic exposure level, there will be an option to change the current membership level to a Premium Lister with a Premium Listing plan which will provide premium exposure for the listing. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in a current billing cycle, and
The customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Basic Listings to Silver until Customer is within its plan. Premium Members may change their current membership level to a lower Premium Listing Plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of the term for Premium Members in a quarterly or annual commitment. Once effective, the service will downgrade the earliest created Premium Listing to a Lower Tier Listing until the Customer is within the plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no activity for the previous ninety (90) days.
Unsolicited Commercial Email (Spam)
Share The Brick prohibits the use of our system or its tools to generate or send unsolicited commercial emails (spam). You may not use the Service, Contact Listing Broker, Send to Friend service or other email services that Share The Brick offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Email Tools, You agree to send emails only to those who have given You consent or with whom You have an established business relationship. Share The Brick has the right to revoke the privileges of any party who breaches these terms.
Termination
In addition to any other termination rights permitted herein, Share The Brick reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations (including threatened breaches or violations) of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of Share The Brick services, nonpayment of fees owed by You in connection with Share The Brick or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Share The Brick shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
Share The Brick retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the Share The Brick websites, Share The Brick Materials, the Email Alert database, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You may not frame such websites, except where specifically permitted with written authorization from Share The Brick. You will not and will not allow others to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Share The Brick’s technology or delete or alter author attributes or copyright notices. You shall use the Share The Brick system solely for Your own individual use and shall not share passwords with others or allow others to use the Share The Brick system under or through that Your login ID/email and password; nor shall any Member use the Share The Brick system to list properties or conduct searches on behalf of other non-Member brokerages, research, analyst, sales or other similar personnel. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. You grant Share The Brick the right to market or list your name or company name as a user or searcher on the Share The Brick website.
Limitation of Liability and Indemnification
IN NO EVENT SHALL Share The Brick BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF Share The Brick’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and Share The Brick’s entire liability under these Terms and Conditions shall be a refund of the fees paid to Share The Brick hereunder, and in no event will Share The Brick’s liability for any reason exceed such fee. Share The Brick (and its officers, directors, employees, and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify Share The Brick (and Share The Brick’s officers, directors, employees, and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to You.
Share The Brick SHALL NOT HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND Share The Brick'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
BY USING THE SERVICE, YOU WAIVE AND RELEASE SHARE THE BRICK FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE SHARE THE BRICK BY REASON OF OR ARISING OUT OF THE SERVICE OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS AND CONDITIONS INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
You agree to indemnify, defend, and hold harmless Share The Brick from and against any third-party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to your (and your users') Submitted Content, your violation of any third party right, including without limitation any copyright, property, or privacy right, use or misuse of any portion of the Service, or your violation of these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Share The Brick and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, at your expense, and You shall not, in any event, settle any such matter without the written consent of Share The Brick and any such third party.
Share The Brick recommends to all users to always use due diligence when deciding on potential relationships and partnerships with other users.
Users, not Share The Brick, are responsible for deciding whether to enter into agreements with other Users and for determining what the terms of those agreements will be.
As provided above, when a User decides to enter into a an agreement with another user, any contract is a contractual relationship directly between the Users. Share The Brick is not responsible for and is not a party to any Contract and under no circumstances will any such contract create any service relationship between Share The Brick and any Users.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND Share The Brick MARKET TREND REPORTS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SHARE THE BRICK MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR Share The Brick MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND SHARE THE BRICK SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. SHARE THE BRICK MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM Share The Brick’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND Share The Brick MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Share The Brick OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
ANY DOCUMENTS, PICTURES, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF LISTING OR SALE. THE POSTING OF PICTURES THROUGH THE SERVICE DOES NOT CONSTITUTE A GUARANTEE THAT ANY ITEMS REPRESENTED IN THE PICTURES WILL BE PRESENT WHEN A BUYER TAKES POSSESSION OF A PROPERTY. YOU ARE ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE AND INVESTIGATE ALL MATTERS RELATING TO ANY PROPERTIES. YOU SHOULD SEEK INDEPENDENT ADVICE, INCLUDING LEGAL ADVICE, TO PERFORM YOUR DUE DILIGENCE AND THAT YOU USE GOOD FAITH EFFORTS IN DETERMINING THAT THE CONTENT OF ALL INFORMATION PROVIDED TO OR OBTAINED BY YOU IS ACCURATE.
Forms and Agreements
By viewing, using or accessing the Service, including by using any tool, form or agreement provided on the Share The Brick website, or by uploading any other form or agreement to the Share The Brick website, You (i) acknowledge that Share The Brick is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms and Conditions, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms and Conditions apply to such tools, forms and agreements and Your use thereof, and (iii) acknowledge that Share The Brick makes no representations or warranties as to the sufficiency, legal effect or enforceability of any such tools, forms and agreements and by your use of the same You confirm that You have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon Share The Brick.
Share The Brick make no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Service, You acknowledge and confirm that You have made your own independent analysis of the sufficiency, legal effect, governing law, and enforceability of any such electronic signatures.
Maps and Directions Disclaimer
The maps and directions information provided by Share The Brick has been obtained from sources believed reliable, including Google Maps and Microsoft Virtual Earth. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft's applicable Terms of Use. While Share The Brick does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither Share The Brick nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of Share The Brick's information, products or services.
Links to Third-Party Sites
This website may contain hyperlinks to other websites operated by parties other than Share The Brick which are beyond Share The Brick’s control. Parties other than Share The Brick may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Share The Brick’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the Share The Brick site. Share The Brick does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Share The Brick does not assume any liability for the actions, product, and content of all of these and any other third parties. Share The Brick makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the Share The Brick site, the site You will land on is not controlled by Share The Brick and different terms of use and privacy statements may apply. Share The Brick also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
Other Rights of Share The Brick
You agree that Share The Brick shall have the right to use Listings and other information submitted to it for any purpose, including, without limitation, for publication of all or part of such Listing on the Internet. Share The Brick shall have sole authority to choose the manner in which any Listing will be received, displayed, and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Share The Brick shall have no obligation to (i) resolve disputes among Users, Members, and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. Share The Brick reserves the right to modify or change Services and any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Share The Brick's corporate website, located at http://www.Share The Brick.com.
Claims of Copyright Infringement
If You believe that your work has been copied onto Share The Brick in a way that constitutes copyright infringement, please provide Share The Brick’s registered DMCA agent with the written information specified below:
A description of the copyrighted work that You claim has been infringed;
Identification of the material You claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf.
A description of the copyrighted work that You claim has been infringed;
Identification of the material You claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf.