Terms of Use

The terms of use appearing on this page (collectively, the “Terms”) govern the use of this website, accessible via https://thebricksoap.com and all associated web pages, as well as any other digital platform, social media site, software, or email exchange of information that are owned, operated, or provided by The Brick or any of its subsidiaries, divisions, and affiliates, including, without limitation, any dedicated pages, storefronts, profiles or the like on Amazon, Shopify, TikTok or any other third party marketplace (collectively, the “Site”), by users, as well as users’ use and receipt of services provided via the Site, including, without limitation, all transactions, orders, sales and purchases of goods or products (collectively the “Products”) from The Brick or any affiliates, distributors or fulfillment partners thereof (collectively, the “Services”).

We also refer you to our Privacy Policy https://thebricksoap.com/privacy-policy/ (as it may be amended or supplemented from time to time, the “Privacy Policy”), as well as any specific terms of use/service or policies which may apply to the Site which are imposed by any merchant services, data storage or other third party providers to the Site (collectively with the Privacy Policy, the “Additional Terms”) for additional terms and conditions which apply to your use of the Site and Services, which are supplementary to these Terms. In the event of any conflict or inconsistency between these Terms and any Additional Terms, the Additional Terms will prevail insofar as the specific subject matter thereof unless ‘notwithstanding’ language or similar language is used herein in order to indicate the intended paramountcy in respect of any specific provision or context.

By accessing or using the Site, you agree to be bound by these Terms and the Additional Terms in connection with such access to and use of the Site and the provision of the Services and Products. IF YOU DO NOT AGREE TO THESE TERMS, THE ADDITIONAL TERMS OR ANY OF THEM, YOU SHOULD IMMEDIATELY CEASE USING THE SITE AND ANY SERVICES.

If you have any questions or concerns regarding these Terms or the Privacy Policy, please contact us via email at privacy@thebricksoap.com.

  1. Interpretation
    1. In this Terms, in addition to any terms defined elsewhere herein (which definitions shall apply throughout these Terms regardless of whether they appear prior or subsequent to the reference in question), the following terms shall have the following meanings:
      1. “Data”, with reference to you, means all information, data and materials (including personal information) which you input into the Site or otherwise deliver to us or provide us with access to in connection with your use of the Site and Services.
      2. “Intellectual property” means any and all United States of America, Canada and worldwide registered and unregistered (a) trade secrets, confidential information, know-how, methods, proprietary processes, client/customer and supplier lists and documentation relating to any of the foregoing; (b) copyrights, copyright registrations and applications for copyright registration; (c) patents, patent registrations and applications and other patent rights (including any patents issued on such applications or rights), inventions, inventors’ notes, research data, unpatented blue prints, drawings and designs, formulae, processes, technology; (d) trade names, brand names, business names, business styles, trade names, distinguishing guises, corporate names, domain names, website names and world wide web addresses, common law trade-marks, trade-mark registrations, trade-mark applications, service-marks, service-mark registrations, service-mark applications, trade dress and logos; and (e) all other intellectual, industrial or proprietary rights, together with all rights under licenses, registered user agreements, technology transfer agreements and other agreements or instruments relating to any of the foregoing; and “intellectual property rights” means the rights and interests of the owner thereof.
      3. “Member” means a user who has submitted their email address to us and created an account with us via which personal information is stored via the Site for subsequent access, and “Membership” has a corresponding meaning.
      4. “Personal information” has the meaning given to it in the Privacy Policy.
      5. “Site Content” means all text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site, and includes all The Brick IP therein and thereon.
      6. “You”, “your” or the “user” means the customer, visitor or member to the Site or recipient of any Services, whether for their own account or as agent or representative of another person or on behalf of a corporation or unincorporated organization.
      7. “We”, “us, “our” or “The Brick” means The Brick Soap Company, Inc., a corporation incorporated pursuant to the laws of the State of Delaware, and its employees, agents and representatives.
  2. Restrictions On Use
    1. THE SITE AND OUR PRODUCTS ARE FOR YOUR PERSONAL USE ONLY, AND NOT FOR COMMERCIAL USE. Specifically, our Products are sold by us for use by end-users, meaning the individual person that has acquired the Product for his or her own personal use, or as a gift. You shall not use the Site to purchase Products for subsequent resale, remarketing, distribution, wholesale or other commercialization (each a “Prohibited Resale”). The Brick reserves the right to reject any order of Products of a quantity which, in our reasonable opinion, is perceived to be likely to be used for Prohibited Resale. Any warranties, satisfaction guarantees, refund policies and other benefits otherwise afforded to our customers hereunder or pursuant to any other applicable terms and conditions will be automatically voided with respect to Products purchased for Prohibited Resale. We welcome wholesale, distributorship and other business-to-business opportunities, but all such matters should be arranged with us by communicating with us via email at info@thebricksoap.com.
    2. Except with the prior written consent of The Brick, no element, attribute or component of the Site, the Site Contents or the Services may be reproduced, copied, reverse engineered, decompiled, scraped, used to make derivative products, services or works, licensed, leased or rented, distributed, published, disseminated, sold or otherwise commercialized, whether directly or indirectly, in whole or in part, in or on any medium, nor shall the user attempt (or permit any person to attempt on the user’s behalf or at the user’s direction) to obtain or recreate the source code from the object code of the Site.
    3. The Site may only be used by users who are of or over the age of majority and have the legal power and capacity to enter into a binding contract in their jurisdiction. In most cases, this means you are representing and warranting that YOU ARE AT LEAST 18 YEARS OF AGE.
    4. As a condition of your use of the Site and the Services, you agree that you shall not:
      1. use the Site or the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
      2. defame or disparage any person or organization, or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or Site Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
      3. use the Site to distribute viruses, trojans, worms or malware or other similar harmful software code, or otherwise tamper or interfere with, spam, blunt force or otherwise compromise the Site, its operation, its integrity or its security, or attempt to do any of the foregoing or otherwise bypass or circumvent any security or privacy protection measures of the Site;
      4. represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
      5. input any Data into the Site which violates the intellectual property rights of any other person, which you do not have legal authority to use for such purpose,
    5. If we, in our absolute discretion, determine at any time that you have violated any of the above provisions of this Section 2 or any other of the Terms, we may immediately suspend or permanently discontinue your use of and access to the Site and Services, including by deleting your Membership account and any and all of your Data.
  3. Access to Your Account
    1. The Brick will not be obligated to give access to your Membership account to any other person or otherwise disclose or reset your login credentials. Notwithstanding:
      1. in the event you forget or lose your login credentials, The Brick will follow such protocols as it may have in place to reset such credentials or otherwise enable you to regain access to your account, PROVIDED THAT THE BRICK DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH PROTOCOLS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR, and in such event, such unauthorized access shall constitute a Site Compromise for the purposes of these Terms and be governed by the provisions hereof applicable thereto; and
      2. in the event of the death or legal incapacity of the user resulting in the purported legally authorized representative(s) of the user attempting to gain access to such account or any of the user’s Data for the purposes of administering the user’s affairs, The Brick shall be entitled to give such person or persons such access and Data for such purposes (and the user hereby consents thereto notwithstanding anything contained in the Privacy Policy) upon taking such steps as in The Brick’s sole and unfettered discretion may be necessary to verify the identity and authority of such person or persons, but THE BRICK DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT SUCH STEPS AND PROCESSES WILL BE FREE FROM BEING CAPABLE OF BEING EXPLOITED, HACKED OR OTHERWISE COMPROMISED RESULTING IN AN UNAUTHORIZED THIRD PARTY GAINING ACCESS, AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY THEREFOR.
    2. Although there may be circumstances in which you may need to share your Membership or access credentials with another person for legitimate legal purposes, you are strongly encouraged by The Brick not to do so, and The Brick hereby disclaims all responsibility or liability whatsoever in connection with any unauthorized access to or disclosure of your Membership account or Data resulting from your doing so or otherwise failing to keep your login credentials confidential.
  4. Site Security
    1. While we use commercially reasonable efforts to ensure the Site will operate and the Services will be provided free from errors, bugs, interruptions and other technical issues, we do not in any way guarantee, represent or warrant that the Site and the Services will at all times operate or be available on such basis.
    2. You acknowledge and agree that your Data, including personal information, will be collected, used and otherwise dealt with in accordance with the Privacy Policy, and represent and warrant that you have read and understood the Privacy Policy.
    3. While we use commercially reasonable efforts to ensure the security of the Site and the protection of your privacy and Data, we do not in any way guarantee, represent or warrant that the Site or your Data will not become the subject to a security breach or otherwise be improperly accessed or compromised by third parties without our consent or acquiescence, or become lost or corrupted (as applicable, any of the foregoing is referred to as a “Site Compromise”). The Brick intends to maintain all industry appropriate security and data protection measures at all times during the operation of the Site and the storage of any user Data to avoid or minimize Site Compromises, and will promptly notify you in accordance with applicable privacy laws in the event of any Site Compromise which affects you upon The Brick becoming aware thereof, but The Brick’s sole responsibility and liability to you and anyone claiming under you in the event of a Site Compromise will be to so notify you and to otherwise rectify the underlying security issue, bug, error or flaw that gave rise to the Site Compromise, such that The Brick shall have no liability for damages whatsoever in connection to any Site Compromise, whether general, special, exemplary, punitive, indirect or consequential (including, without limitation, lost opportunity, revenues, profits, salaries, reputation or standing), regardless of whether such liability arises out of breach of contract, statute, guarantee or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory.
  5. Intellectual Property
    1. The Site, all Site Contents and all trade names, brand names, business names, business styles, trade names, distinguishing guises, marks and logos appearing in any corresponding social media or other online platforms which The Brick may use to market, distribute, communicate or provide support for the Site and Services, and all copyrights, patents and other intellectual property rights therein, are the sole and exclusive property of The Brick, inclusive of all source code, object code, databases and other programming and code therein, the design thereof and all other intellectual property rights associated therewith (collectively, the “The Brick IP”).
    2. The use of the Site, creation of a Membership, input of Data and other interaction by the user with the Site and Services shall not confer upon the user any intellectual property rights or other right, title and interest in The Brick IP whatsoever, other than the revocable limited non-transferable non-sublicensable license to use the Site and the Services in accordance with these Terms and the Additional Terms and as its use is reasonably intended by The Brick, and the use of any of The Brick IP for any other purpose without The Brick’s prior written consent is strictly prohibited, including, but not limited to, in connection with any Prohibited Resale. The foregoing license is granted at the discretion of The Brick and may be terminated at any time for any reason or no reason, upon which the user shall immediately cease all use of and access to the Site.
    3. Without limiting the generality of the foregoing provisions, in the event you provide us with any feedback, suggestions, ideas or other information via The Brick Communications, you do so on a strictly gratuitous and unsolicited basis, and you will have no right, title or interest, whether intellectual property rights or otherwise, in or to any resulting modifications, enhancements, upgrades, improvements or additions to the Site, the Services or the Products as a result thereof, and shall be entitled to no compensation or consideration whatsoever therefor.
  6. Purchases, Payment, Returns, Refunds
    1. The pricing charged by The Brick for Products, Membership or other Services are established by The Brick from time to time at its discretion, and may be changed from time to time at its discretion without prior notice. The rates displayed on the Site at the time of ‘checkout’ or payment processing are the then applicable rates and will apply to the user notwithstanding any previous rates that may have been displayed, including immediately prior to such time.
    2. Gift cards, credits and other financial or non-physical products offered by The Brick are ineligible for purchase using existing balances on gift cards or credit, and are excluded from all promotions, sales and discounts, unless explicitly specified as marked down on the product page.
    3. All payments for the Services will be made via our third party merchant services providers which we engage from time to time, and will be subject to such Additional Terms as may be imposed by them.
    4. Our refund and return policies are as provided on the applicable merchant platform (whether Amazon, Shopify, TikTok or otherwise) where Products are purchased via any such third party platform, or where purchased directly via our website at thebricksoap.com, are as follows:
      1. We have a thirty (30) day refund policy. We will accept returns for a full refund of the actual price paid for any Product where (a) the return process is initiating in writing via the applicable process on our Site within thirty (30) days of the date of purchase (based upon our official records of the date and time of purchase), and (b) while we will accept returns with opened packaging and some use of the Product, the Product in question must be physically returned to us in a state which, in our good faith opinion, demonstrates that it has not been used more than in such minimal manner as led to the determination of the user’s dissatisfaction.
      2. Refunds will be at the price paid. Promotional discounts and other reductions and benefits received by the user at the time of purchase will be reflected in the amount refunded.
      3. Shipping costs are non-refundable. Return shipping is at the sole expense of the user.
      4. Only Products for physical use are returnable. Gift cards, credits and other financial or goodwill products are not returnable or refundable.
      5. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
      6. If your refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
      7. If the Product was supplied by The Brick as a gift or as promotional, partnership or marketing inducement without charge, then it cannot be returned or refunded.
      8. In the event of any further issues or questions regarding refunds and returns, please contact us at info@thebricksoap.com and we will strive to ensure your satisfaction. We understand our Products aren't meant for everyone or that purchasing mistakes happen, and we’re dedicated to using our best efforts to find a solution to all customer concerns!
    5. Where, via a Membership or otherwise, you have signed up for a subscription to receive recurring deliveries of Products at a chosen frequency, you agree that each renewal or recurrence in accordance with such subscription shall constitute an intentional purchase by you. Your payment method will be charged at the then-current rate for each renewal. Prices may change with notice while your subscription is ongoing, in which event you will be bound by such updated pricing. You may cancel a subscription at any time via the applicable process offered on the Site, but cancellations must be completed by the midnight (12:00AM) Miami, Florida time before the subscription renewal to avoid charges for that order. Subscription modification/cancellation requests made also be made via email to info@thebricksoap.com, but must be sent from the subscriber’s email address on the account. The Brick will not honor subscription modification/cancellation requests made via third parties.
    6. All shipping of Product by The Brick is carried out via our third party fulfillment partners. Please refer to the shipping terms referenced on the applicable third party platform (whether Amazon, Shopify, TikTok or otherwise) or as referenced in your purchase confirmation or invoice.
  7. Third Party Services and Links
    1. The Site may contain hyperlinks or other forms of connection or reference to websites, applications, platforms or services operated by third parties (“Third Party Platforms & Services”). The Site utilizes Third Party Platforms & Services for your convenience and to enhance the Services, but The Brick has no control over or responsibility for the Third Party Platforms & Services, provides no representation or warranty whatsoever regarding their quality, fitness, accessibility, operation, security or integrity, and shall not be responsible or liable for any losses or damages in connection with your use of any Third Party Platforms & Services. YOU USE ALL THIRD PARTY PLATFORMS & SERVICES AT YOUR OWN RISK.
    2. The Brick does not necessarily endorse, recommend or share the views of any contents, products, services or statements appearing on any Third Party Platforms & Services.
    3. Your use of all Third Party Platforms & Services is subject to such Additional Terms as may be imposed by the provider thereof.
  8. Limitations of Liability
    1. EXCEPT TO THE EXTENT OF ANY EXPRESS WARRANTIES APPEARING ON THE SITE IN CONNECTION WITH THE PRODUCTS, THE SITE AND THE SERVICES ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS, WHERE IS” AND “AS AVAILABLE BASIS, SUCH THAT THE BRICK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE SERVICES OR THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGMENT, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SITE, THE SERVICES AND THE PRODUCTS AT YOUR OWN RISK.
    2. IN NO EVENT SHALL THE BRICK, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE, THE SITE, IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS, FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST OPPORTUNITY, REVENUES, PROFITS, SALARIES, REPUTATION OR STANDING), REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ANY BREACH BY THE USER OF THESE TERMS OR ANY ADDITIONAL TERMS.
    3. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, THE BRICK IS FOUND TO BE LIABLE IN DAMAGES TO THE USER OR ANY SUCCESSOR, ASSIGN, HEIR, AGENT, REPRESENTATIVE OR ANY OTHER PERSON CLAIMING UNDER THE USER, THE AGGREGATE TOTAL LIABILITY OF THE BRICK TO ALL SUCH PERSONS SHALL BE LIMITED TO THE TOTAL OF THE COMPENSATION ACTUALLY PAID BY THE USER TO THE BRICK FOR THE SERVICES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER SUCH LIABILITY ARISES OUT OF BREACH OF CONTRACT, STATUTE, GUARANTEE OR WARRANTY, TORT, PRODUCT LIABILITY, INDEMNITY, CONTRIBUTION, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
    4. YOU HEREBY AGREE TO INDEMNIFY AND SAVE HARMLESS THE BRICK, ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, FOR, FROM AND AGAINST ANY AND ALL MANNER OR FORM OF CLAIM, DEMAND, CAUSE OF ACTION, DAMAGE, LOSS, COSTS, LIABILITY OR EXPENSE, AND ANY AND ACTIONS, APPLICATIONS, COMPLAINTS, GRIEVANCES, SUITS, CHARGES, INVESTIGATIONS AND OTHER MANNER OF PROCEEDINGS WHICH MAY BE MADE, BROUGHT, PROSECUTED OR ENFORCED IN RESPECT THEREOF, WHETHER JUDICIAL, CRIMINAL, CIVIL, PRIVATE, REGULATORY OR ADMINISTRATIVE, INCLUDING ALL LEGAL COSTS INCURRED IN DEFENDING OR RESPONDING TO THE SAME, IN CONNECTION WITH (A) YOUR USE OF THE SITE, SERVICES AND PRODUCTS, INCLUDING ANY ACT, OMIISSION, NEGLIGENCE, WILFUL MISCONDUCT OR CRIMINAL ACT BY YOU IN DOING SO, (B) YOUR BREACH OR VIOLATION OF THESE TERMS OR ANY OF THE ADDITIONAL TERMS, (C) YOUR BREACH OR VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (D) YOUR BREACH OF ANY APPLICABLE LAW, REGULATION OR DIRECTIVE OR ORDER OF ANY GOVERNMENTAL BODY, ADMINISTRATIVE BODY OR JUDICIAL BODY OF COMPETENT JURISDICTION, AND (E) ANY OF THE FOREGOING CAUSED BY OR RESULTING FROM (I) YOUR DATA WHICH YOU HAVE UPOADED OR TRANSMITTED TO THE SITE OR PROIVIDED VIA THE BRICK COMMUNICATIONS, OR (II) ANY OTHER PERSON TO WHOM YOU HAVE GIVEN ACCESS TO YOUR MEMBERSHIP OR ACCOUNT (INCLUDING THE LOGIN CREDENTIALS THEREFOR), WHETHER INTENTIONALLY OR INADVERTENTLY.
  9. Changes, Amendments and Assignment
    1. The Brick reserves the right to make modifications, enhancements, upgrades, improvements or additions to the Site, the Services or the Products from time to time at its discretion, including the removal or cessation of any component or feature thereof, whether on a temporary or permanent basis. No such change will give the user any right to a refund or other compensation in connection with any amount previously paid.
    2. These Terms may be amended from time to time by The Brick by posting such amendment on the Site in replacement of any previous version of these Terms. The ‘version number’ or ‘last modified date’ shown on the Site shall be determinative as to the version of these Terms which apply at any given time. Any such amendment or change will be effective upon such posting, without the need for The Brick to notify you thereof or otherwise post or communicate that there has been such a change. By continuing your use of the Site or not cancelling your Membership upon or after any such change, you agree that you will be bound by the then current version of these Terms applicable from time to time in accordance with the foregoing.
    3. These Terms may be assigned by The Brick to any successor or assignee who may acquire, merge with or amalgamate with The Brick or who may acquire the Site or any the intellectual property therein, or to whom The Brick may license the Site or any of the intellectual property therein, in whole or in part, without notice to or the consent of the user or other restriction.
    4. You may not assign, sublicense or transfer any of your rights and obligations under these Terms except pursuant to any transfer by operation of law by reason of your death or incapacity.
  10. Governing Law and Forum
    1. The Brick is headquartered in Florida, U.S.A. You acknowledge and agree that the Services are deemed to be provided and delivered solely in such jurisdiction.
    2. Notwithstanding, these Terms, including the interpretation and application thereof, shall be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, excepting the choice of law rules.
    3. In the event any dispute, suit or proceeding arises in connection with the interpretation and application of these Terms, or otherwise in connection with the Site, the Services or the Products, you agree that the courts of the Province of Ontario, Canada shall have exclusive jurisdiction over such dispute, suit or proceeding, and agree to attorn to the jurisdiction of such courts.
    4. YOU HEREBY IRREVOCABLY WAIVE TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE, SUIT OR PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION AND APPLICATION OF THESE TERMS, OR OTHERWISE IN CONNECTION WITH THE SITE, THE SERVICES OR THE PRODUCTS.
  11. General Terms
    1. These Terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Brick.
    2. Each provision contained in these Terms is distinct and severable and a declaration of invalidity or unenforceability of any such provision or part thereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof, and any such court is empowered to reconstrue and ‘bluepen’ these Terms to the minimal extent necessary so as to render them enforceable in the applicable jurisdiction, provided any such change shall apply only in such specific circumstance and in such jurisdiction.
    3. All notices and communications from us to you may be either (a) if specific to you, sent to your email address that was used to create your Membership account, or (b) if general in nature, displayed on the Site or posted on our social media or other online platforms. All notices and communications from you to us shall be delivered via email to info@thebricksoap.com or privacy@ thebricksoap.com. The delivery of notices and communications by the foregoing means shall constitute valid delivery of such notification or communication for all legal purposes. IT IS YOUR RESPONSIBILITY TO KEEP YOUR ACCOUNT AND CONTACT INFORMATION CURRENT SO WE MAY COMMUNICATE WITH YOU FOR SUCH PURPOSES.
    4. The division of these Terms into Sections, subsections and further divisions, and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of these Terms. The terms “these Terms”, “hereof”, “hereunder” and similar expressions refer to these Terms and not to any particular Sections, subsection or other portion hereof, and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references herein to Sections, subsections, paragraphs, subparagraphs and further subdivisions are references to such subdivisions of these Terms. Unless something in the subject matter or context is inconsistent therewith, references to a “party” or “parties” are references to the parties to these Terms, and where a reference to the parties implies there are only two parties, Phillips and Phillips shall be construed in the context as a single party.
    5. These Terms, together with the Additional Terms, constitutes the entire agreement between The Brick and the user with respect to the subject matter thereof and supersedes all understandings and discussions communicated as between such parties, whether written or oral, whether via The Brick Communications or otherwise.
    6. These Terms shall be binding upon and enure to the benefit of The Brick and the user, their respective heirs, executors, administrators and other legal representatives and, to the extent permitted hereunder, their respective successors and assigns.
    7. Except as expressly provided in these Terms, no amendment or waiver of these Terms or any portion thereof shall be binding unless in writing. No waiver of any provision of these Terms shall constitute a waiver of any other provision, nor shall any waiver of any provision of these Terms constitute a continuing waiver unless otherwise expressly provided.
CURRENCY/LAST UPDATED DATE: March 25, 2026