TERMS OF USE
These Terms of Use (“Terms”) govern access to and use of the Brock & Company, Inc. (“Brock,” “we” or “us”) websites located at www.BrockCo.com and www.Brockcafe.com (together, the “Site”), and various Brock services (the “Services”) by Site visitors (“Site Visitors”) customers or clients that purchase Services from Brock through a customer agreement (“Customers”), and Customers’ Authorized Users (as defined below) who submit information to Brock on behalf of a Customer. By using the Site or any Brock Services, you as a Site Visitor, Customer, or Authorized User, accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is an individual natural person, over the age of eighteen (18), whether an employee, business partner, contractor, or agent of a Customer who is registered or permitted by Customer to use the Brock Services subject to these Terms. Customers, Site Visitors, and Authorized Users may be referred to in these Terms as “you” and “your” as applicable. For the avoidance of doubt, all references to the “Site” in these Terms also includes any Brock Services offered through the Site.
If you are a Customer and you or your organization are bound by a customer agreement with Brock (“Customer Terms”), then these Terms will apply, if at all, only to use of the Site or any Brock Services to the extent such use is not already governed by such Customer Terms.
BY ACCESSING, USING, DOWNLOADING, OR UPLOADING ANY INFORMATION FROM OR TO THE SITE, OR USING THE SERVICES, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE AND SERVICES IMMEDIATELY.
- Acceptance of Terms.
Please check these Terms periodically for changes. If you do not agree to the Terms, please do not use the Site. By using the Site, you acknowledge that you have read, understood and agree to these Terms. Your continued use of this Site following the posting of any changes to the Terms constitutes acceptance of those changes.
- Credentials & Passwords.
You agree that at all times you shall keep confidential, maintain and control all user names and passwords used limited to you, and your access to the Site, and that you are exclusively responsible for all activities that occur in connection with such user names and passwords. You agree to immediately notify Brock of any disclosure to, or use of, any such usernames or passwords by any other individual. Brock will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.
- Privacy Policy.
Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found here www.brockco.com/privacy.
- Eligibility; Use of the Site.
- 4.1 Eligibility to Use the Site. By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms.
- 4.2 Using the Site on Behalf of a School or Organization. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are competent and authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
- 4.3 Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Site for your non-commercial personal use, or your internal business purposes (where applicable) and only as expressly permitted in these Terms and any applicable Customer Terms. You shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms or Customer Terms. If you are or become a direct competitor of Brock, you may not access or use the Brock Services without Brock’s explicit, advance, written consent, and then only for the purposes authorized in writing. Without limiting the foregoing, you may not: (1) interfere with others’ use of the Site; (2) impair the Site’s operation or interfere with or disrupt the servers or networks on which it operates; (3) interfere with Brock’s exercise of its intellectual property rights; (4) frame or otherwise co-brand the Site or any content on the Site; (5) deep-link to any portion of the Site; or (6) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
- 4.1 Eligibility to Use the Site. By using the Site, you represent and warrant that you are 18 years of age or older and competent to agree to these Terms.
- Brock Content.
You acknowledge and agree that the Site contains certain information, such as text, graphics, images, videos, links, and other materials (collectively, “Brock Content”) that is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and Brock, Brock is the owner of Brock Content. You may not reproduce, distribute, republish or retransmit any Brock Content or materials posted at the Site except as expressly permitted herein. Except as expressly authorized by Brock herein or under Customer Terms, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or Brock Content. Systematic retrieval of data or other Brock Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Brock is prohibited.
- Third Party Sites/Information.
The Site may provide links to, or information gathered from, other sites on the Internet. Brock makes no representations whatsoever about these sites or this information. Other sites linked to the Site may contain information or material that some people may find inappropriate or offensive. The provision of links to, or information gathered from, other sites on the Internet should not imply Brock’s endorsement of any such sites or any association between Brock and these other sites’ operators. These sites are not under the control of Brock, and you acknowledge that Brock, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites. You also acknowledge that Brock, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to the Site, or your transmission of information, including personal data, to third-parties through such other sites.
- Posting Guidelines.
Brock may host message boards, chats, and other public forums on the Site and Brock’s social media accounts. You agree not to post any (a) defamatory, abusive, profane, threatening, offensive, or illegal materials or information; (b) statements or materials that constitute junk mail, spam or unauthorized advertising, such as links to commercial products or services or any political campaigning; or (c) any information or material protected by copyright, trademark or other proprietary right without the permission of the copyright, trademark, or proprietary right owner. When you post content on the Site or provide information to Brock, such as reviews or survey feedback, it belongs to you; however, you grant permission to Brock to use that content in connection with our Site. Accordingly, you grant Brock a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, commercialize, create derivative works of, and otherwise exploit such content in connection with our Site and Services. You represent and warrant that you have all the necessary rights to grant Brock the foregoing license for all content you submit in connection with the Site and will indemnify us for any breach of this representation and warranty.
- Customer and End User Warranties.
You hereby represent and warrant to Brock that: (a) you have all requisite rights and authority to use the Site and Brock Services under these Terms and to grant all applicable rights herein; (b) you are responsible for all use of the Brock Services associated with your account with Brock (“Account”), and the Accounts of your Authorized Users; (c) you are solely responsible for maintaining the confidentiality of your Account name(s) and password(s); (d) you agree to immediately notify Brock of any unauthorized use of your Account of which you become aware; (e) you agree that Brock will not be liable for any losses incurred as a result of a third party’s use of your Account, regardless of whether such use is with or without your knowledge and consent; (f) you will use the Brock Services for lawful purposes only and subject to these Terms and any applicable Customer Terms; (g) any information, including documents, that you submit, upload, or send to Brock is true, accurate, and correct; and (h) you will not attempt to gain unauthorized access to the Site or the Brock Services, other Accounts, computer systems, or networks under the control or responsibility of Brock through hacking, cracking, password mining, or any other unauthorized means.
- End-User Data.
When you upload content to the Site or provide information to Brock about yourself, including but not limited to your name, address, and contact information (“Data”), or authorize a Brock Customer or Authorized User to submit Data to Brock on your behalf, it belongs to you; however, you grant permission to Brock to use that Data in connection with our Services and in accordance with our Privacy Policy. Accordingly, you grant Brock an irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, create derivative works of, and otherwise exploit such Data solely in connection with providing the Brock Services. You represent and warrant that you have all the necessary rights to grant Brock the foregoing license for all Data you submit in connection with the Brock Services and will indemnify us for any breach of this representation and warranty.
- Brock Disclaimer of Warranties.
THE SITE, AND ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE SITE IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BROCK, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTENT ON THE SITE OR FROM OTHER USERS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN ADDITION, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITES IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
Under no circumstances shall Brock, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, goodwill, use, data or other intangible losses, even if Brock has been advised of the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site; (ii) your reliance on advice, information, or other content on the Site; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data, including Data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site. Brock, its affiliates and its licensors shall only be liable to the extent of actual damages incurred by you, not to exceed the purchase price received by Brock for the service giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Brock has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages Brock’s liability in such jurisdictions shall be limited to the extent permitted by law.
- Indemnity.
You agree to defend, indemnify and hold Brock and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from (a) your access to and use of the Site or Services; (b) violation of these Terms by you or your Authorized Users, as applicable; or (c) infringement of any intellectual property or other right of any person or entity by you. Brock reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brock in asserting any available defenses.
- International Use.
Brock is headquartered in the United States and stores and processes Data in the United States. Site Visitors, Customers, and Authorized Users who access the Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply will all applicable laws regarding the collection and transmission of Data.
- Copyright Policy.
Brock respects the intellectual property rights of others and expects visitors to its Site to do the same. Brock will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to Brock using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Brock reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. Brock may also terminate a repeat infringer’s Account. Brock’s designated copyright agent for notice of alleged copyright infringement appearing on the Site can be reached at marketing@brockco.com.
- Modifications to Service.
Brock reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or some or all of the content or Services offered through the Site, with or without notice. You agree that Brock shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or some or all of the Services offered through it.
- Severability and Integration.
These Terms, along with Brock’s Privacy Policy and Customer Terms (if applicable), constitutes the entire agreement between you and Brock with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Brock with respect to the Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Contact Information.
If have any questions or should you need any additional information about issues relating to the Site, please contact us at marketing@brockco.com.