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Terms of Service

Last Updated/Effective Date: October 9th 2022

These Terms of Service (“Terms”) govern your access to and use of this website (“Site”), made available to you by Brick & Vine (“Brick & Vine,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.

We may modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. By using the Site after changes are posted, you agree to those changes.

1. Privacy Policy. We may collect certain information about you and about your use of the Site as described in our Privacy Policy, which is incorporated into these Terms. The Privacy Policy describes our information collection, use, and sharing practices. If you do not agree to any terms in our Privacy Policy, do not access or use the Site.

2. Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Brick & Vine or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Brick & Vine reserves all other rights in and to the Site and Content, including all intellectual property rights.

3. Use Rights. You may only use the Site or Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms, the Privacy Policy, all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site and the Content for their intended purposes for which they are made available to you by Brick & Vine.

4. Use of Marks. Brick & Vine owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by Brick & Vine. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

5. Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Brick & Vine or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

6. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

7.  Children’s Information. This Site is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using this Site.

8. Fees and Payments. We in conjunction with a third-party processor, offer a web-based portal to facilitate payment of rental amounts, other sums due, and rental application fees between renters and us (the “Payment Portal”).  Renters may initiate one-time and recurring payments through the Payment Portal.  Brick & Vine may also send email notices to renters through the Site related to lease obligations, rental amounts, renewals, etc., unless a renter has ‘opted-out’ of the receipt of such type of email. Renters may opt-out of receiving such emails by contacting support@brickvine.com.

When scheduling a payment, a renter may be asked to supply certain relevant information, such as a debit or credit card number and its expiration date, checking account information, and/or billing address. By submitting such information, renter: (i) REPRESENTS AND WARRANTS THAT RENTER HAS THE RIGHT TO USE ANY PAYMENT METHOD THAT RENTER SUBMITS THROUGH THE PAYMENT PORTAL; and (ii) grants to us the right to provide such information to third parties for purposes of facilitating renter’s scheduled transactions. Verification of information may be required prior to the acknowledgment or completion of any payment transaction.  Renter agrees to renter’s personal and financial information being transferred, stored, and processed by our third-party payment processors.

9. Refunds. Brick & Vine does not provide refunds unless a duplicate application fee was mistakenly paid, or a duplicate rent payment was mistakenly submitted.  To be eligible for a refund in this circumstance, you must notify Brick & Vine of the error within two business days of the payment.  In addition, Brick & Vine may, but shall not be required to, issue refunds in its sole and absolute discretion in cases of fraud or abuse, or in other limited instances. Brick & Vine does not provide refunds under any other circumstances. To notify Brick & Vine of a request for a refund, you must submit a written explanation of the basis of your claim and send it by e-mail to support@brickvine.com.  Your notice must include your name, rental application number, apartment number, telephone number, and a description of what occurred during the transaction.

10.   Compliance with Fair Housing and Other Laws. All Content is subject to federal fair housing laws, which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, and/or familial status.  Your state jurisdiction may also prohibit any preferences based on sexual orientation, marital status, ancestry, source of income, or other criteria (together, applicable federal and state fair housing laws are referred to as “Applicable Fair Housing Laws”).  If you have any question about the Applicable Fair Housing Laws and housing discrimination in general, please call your local fair housing agency or the U.S. Department of Housing and Urban Development. For a list of all fair housing groups, go to the Housing Rights Center’s website at hud.gov. Your use of any content offered or obtained through the Site shall be at all times in compliance with applicable fair housing laws.

11.   Calls and Messages. When using Brick & Vine’s Site, you expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Brick & Vine, property managers, third party suppliers, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future. Your cellular telephone provider may charge you according to the type of plan you carry.

12.   Feedback and Other Content Submitted By You.  If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

12.   Social Media. Links to Brick & Vine’s social media pages (e.g., Facebook or LinkedIn) are included on the Site (“Social Media Pages”).  Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Brick & Vine’s views.  We reserve the right to remove anything from our Social Media Pages, in our sole discretion.  We may also take steps to block users from access to our Social Media Pages who violate these Terms.  If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.

13.   Renters. Brick & Vine Site is an online platform that allows property renters the ability to review listings, descriptions, availability, and pricing for rental properties, submit rental applications, consent to background and credit screenings, submit documentation, pay fees and deposits and enter into leases with Brick & Vine. Brick & Vine makes no representations as to the completeness, accuracy, or timeliness of such listings, descriptions, availability, and pricing. Such information is subject to change at any time without notice. Renter may apply to a reasonable number of properties within a thirty (30) day period following full and timely payment of fees. Fees do not include any deposits, payments, or fees requested by Brick & Vine, and Brick & Vine may require additional documents once the initial application is submitted or lease is executed.

14.   NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRICK & VINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

BRICK & VINE MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED.  BRICK & VINE DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT.  BRICK & VINE DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.

15.   LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRICK & VINE OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “BRICK & VINE PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A BRICK & VINE PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.  WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BRICK & VINE PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

16.   INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE BRICK & VINE PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

17.  Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by Brick & Vine. Those links are provided as a convenience to the visitors of our Site.  Brick & Vine is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site.  Brick & Vine does not warrant or endorse any third-party website or any products or services made available through those websites.  When leaving the Site, it is the terms and privacy policy of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms.

The Site may also contain certain third-party content.  We provide third-party content for your convenience, not as an endorsement.  The presence of third-party content does not mean that Brick & Vine has reviewed the third-party content or that there is any association between Brick & Vine and any third party.  You access third-party content at your sole risk.  Brick & Vine has no responsibility for any third-party content.  Nothing in these Terms grants you any rights to any third-party content.

18.   Linking to the Site. You are prohibited from linking to this Site on your website or elsewhere without the prior express written consent of Brick & Vine.  If Brick & Vine grants you a right to link to this Site, certain terms may apply, and Brick & Vine reserves the right to revoke such consent at any time.  You are responsible for any costs incurred by Brick & Vine in enforcing its rights under this Section.

19.   Use in the United States. This Site is intended for use in the United States only.  We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk. 

THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS BRICK & VINE OR THE BRICK & VINE PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

20.  Restrictions on Your Use of the Site.

  • You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Brick & Vine’s prior written consent.

  • You will not use the Site for unlawful purposes.

  • You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.

  • You will not engage in data mining or similar data gathering or extraction activities from the Site.  You will not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.

  • You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

  • You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.

  • You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

  • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.

  • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

  • You may not engage in any conduct while using the Site that Brick & Vine considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.

21.  Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. Brick & Vine may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. Brick & Vine shall not be liable to you or anyone else for any damages arising from or related to Brick & Vine’s suspension or termination of your access to the Site or the Content, or in the event Brick & Vine modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

22. Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, pandemics, quarantines, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

24. Changes to the Site. The Site provided by Brick & Vine is constantly evolving, and the form and nature of the Site that Brick & Vine provides may change from time to time without prior notice to you. Any changes to the Site, including the release of new Brick & Vine features, are subject to the Terms then in effect. In addition, Brick & Vine may stop (permanently or temporarily) providing the Site (or any features within the Site) without providing prior notice. We also retain the right to create limits on your use of the Site, at our sole discretion, at any time without prior notice to you.

25.  Cooperation with Law Enforcement. Brick & Vine will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD BRICK & VINE AND THE BRICK & VINE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

25.  Disputes. These Terms, and your access to and use of the Site, are governed by the laws of the State of Utah, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Salt Lake City, Utah. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site or Content must be commenced within one year after the cause of action or claim arises.

26. Terms Applicable to New Jersey Customers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Brick & Vine reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

27.  Use in the United States. This Site is intended for use in the United States only. We do not guarantee that use of this Site will be available or permitted in any location other than the United States. If you choose to access this Site from a location other than the United States, you do so at your own risk.

28.  Assignment.  We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Brick & Vine’s successors and assigns.

29.   Entire Agreement. These Terms, the Privacy Policy, and any terms posted throughout the Site (if any) are the entire agreement between you and Brick & Vine with respect to your access to and use of the Site.  In the event of a conflict between these Terms and our Privacy Policy, our Privacy Policy will control.

30.  Waiver. Brick & Vine’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by Brick & Vine.

29.  Severability.  If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

30. Electronic Communications.  These Terms and any other documentation, agreements, notices, or communications between you and Brick & Vine may be provided to you electronically, either by e-mail or text message, to the extent permissible by law.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

31.   Contact Us. Please direct any questions and concerns regarding these Terms to us at:

Brick & Vine
32 W. 200 S #216
Salt Lake City, Utah 84101