Terms Of Service

Last updated August 11, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Brick And Dirt

(“Company,” “we,” “us,” or “our”), concerning your access to and use of the

https://brickanddirt.com/ website as well as any other media form, media channel,

mobile website or mobile application related, linked, or otherwise connected

thereto (collectively, the “Site”). We are registered in Kenya and have our

registered office at __________, __________. You agree that by accessing the

Site, you have read, understood, and agreed to be bound by all of these Terms of

Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN

YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We

reserve the right, in our sole discretion, to make changes or modifications to these

by updating the “Last updated” date of these Terms of Use, and you waive any

right to receive specific notice of each such change. Please ensure that you check

the applicable Terms every time you use our Site so that you understand which

Terms apply. You will be subject to, and will be deemed to have been made aware

of and to have accepted, the changes in any revised Terms of Use by your

continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by

any person or entity in any jurisdiction or country where such distribution or use

would be contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

The Site is intended for users who are at least 18 years old. Persons under the

age of 18 are not permitted to use or register for the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary

property and all source

code, databases, functionality, software, website

designs, audio, video, text,

photographs, and graphics on the Site

(collectively, the “Content”) and the

trademarks, service marks, and logos

contained therein (the “Marks”) are owned

or controlled by us or licensed to

us, and are protected by copyright and trademark

laws and various other

intellectual property rights and unfair competition laws of

the United States, international copyright laws, and international conventions. The

Content and the Marks are provided on the

Site “AS IS” for your information and

personal use only. Except as expressly provided in these Terms

of Use, no part of

the Site and no Content or Marks may be copied, reproduced,

aggregated,

republished, uploaded, posted, publicly displayed, encoded,

translated,

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transmitted, distributed, sold, licensed, or otherwise exploited

for any commercial

purpose whatsoever, without our express prior written

permission.

Provided that you are eligible to use the Site, you are

granted a limited license to

access and use the Site and to download or print a

copy of any portion of the

Content to which you have properly gained access

solely for your personal, noncommercial

use. We reserve all rights not

expressly granted to you in and to the

Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information

you submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these

you will not access the Site through automated or non-human means, whether

through a bot, script, or otherwise; (6) you will not use the Site for any illegal or

unauthorized purpose; and (7) your use of the Site will not violate any applicable

law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or

compile, directly or indirectly, a collection, compilation, database, or directory

without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to

learn sensitive account information such as user passwords.

3. Circumvent, disable, or otherwise interfere with security-related features of

the Site, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Site and/or the Content

contained therein.

4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or

harm another person.

6. Make improper use of our support services or submit false reports of abuse

or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or

regulations.

8. Engage in unauthorized framing of or linking to the Site.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material, including excessive use of capital letters and

spamming (continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Site.

10. Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

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11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of

another user.

13. Upload or transmit (or attempt to upload or to transmit) any material that

acts as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats (“gifs”), 1×1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

14. Interfere with, disrupt, or create an undue burden on the Site or the

networks or services connected to the Site.

15. Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Site to you.

16. Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

17. Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble,

or reverse engineer any of the software comprising or in any way making up a

part of the Site.

19. Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

software.

20. Use a buying agent or purchasing agent to make purchases on the Site.

21. Make any unauthorized use of the Site, including collecting usernames

and/or email addresses of users by electronic or other means for the purpose

of sending unsolicited email, or creating user accounts by automated means or

under false pretenses.

22. Use the Site as part of any effort to compete with us or otherwise use the

Site and/or the Content for any revenue-generating endeavor or commercial

enterprise.

23. Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to

text, writings, video, audio, photographs, graphics, comments, suggestions, or

personal information or other material (collectively, “Contributions”). Contributions

may be viewable by other users of the Site and through third-party websites. As

such, any Contributions you transmit may be treated as non-confidential and nonproprietary.

When you create or make available any Contributions, you thereby

represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and

the accessing, downloading, or copying of your Contributions do not and will

not infringe the proprietary rights, including but not limited to the copyright,

patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Site and these

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass mailings,

or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as determined by

us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

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8. Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third

party.

11. Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

12. Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or physical

handicap.

13. Your Contributions do not otherwise violate, or link to material that violates,

any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and

may result in, among other things, termination or suspension of your rights to use

the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions

accessible to the Site by linking your account from the Site to any of your social

networking accounts, you automatically grant, and you represent and warrant that

you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,

non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to

host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,

archive, store, cache, publicly perform, publicly display, reformat, translate,

transmit, excerpt (in whole or in part), and distribute such Contributions (including,

without limitation, your image and voice) for any purpose, commercial, advertising,

or otherwise, and to prepare derivative works of, or incorporate into other works,

such Contributions, and grant and authorize sublicenses of the foregoing. The use

and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter

developed, and includes our use of your name, company name, and franchise

name, as applicable, and any of the trademarks, service marks, trade names,

logos, and personal and commercial images you provide. You waive all moral

rights in your Contributions, and you warrant that moral rights have not otherwise

been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership

of all of your Contributions and any intellectual property rights or other proprietary

rights associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree

to exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or

otherwise change any Contributions; (2) to re-categorize any Contributions to

place them in more appropriate locations on the Site; and (3) to pre-screen or

delete any Contributions at any time and for any reason, without notice. We have

no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not

contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your

reviews should not contain discriminatory references based on religion, race,

gender, national origin, age, marital status, sexual orientation, or disability; (4) your

reviews should not contain references to illegal activity; (5) you should not be

affiliated with competitors if posting negative reviews; (6) you should not make any

conclusions as to the legality of conduct; (7) you may not post any false or

misleading statements; and (8) you may not organize a campaign encouraging

others to post reviews, whether positive or negative. 

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We may accept, reject, or remove reviews in our sole discretion. We have

absolutely no obligation to screen reviews or to delete reviews, even if anyone

considers reviews objectionable or inaccurate. Reviews are not endorsed by us,

and do not necessarily represent our opinions or the views of any of our affiliates

or partners. We do not assume liability for any review or for any claims, liabilities,

or losses resulting from any review. By posting a review, you hereby grant to us a

perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and

sublicensable right and license to reproduce, modify, translate, transmit by any

means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use

License

If you access the

Site via a mobile application, then we grant you a revocable,

non-exclusive,

non-transferable, limited right to install and use the mobile

application on

wireless electronic devices owned or controlled by you, and to

access and use

the mobile application on such devices strictly in accordance with

the terms

and conditions of this mobile application license contained in these

You shall not: (1) except as permitted by applicable law, decompile,

reverse engineer, disassemble, attempt to derive

the source code of, or decrypt

the application; (2) make any modification,

adaptation, improvement,

enhancement, translation, or derivative work from the

application; (3) violate any

applicable laws, rules, or regulations in

connection with your access or use of the

application; (4) remove, alter, or

obscure any proprietary notice (including any

notice of copyright or trademark)

posted by us or the licensors of the application;

(5) use the application for

any revenue generating endeavor, commercial

enterprise, or other purpose for

which it is not designed or intended; (6) make the

application available over a

network or other environment permitting access or use

by multiple devices or

users at the same time; (7) use the application for creating a

product,

service, or software that is, directly or indirectly, competitive with or in

any

way a substitute for the application; (8) use the application to send

automated

queries to any website or to send any unsolicited commercial e-mail;

or (9) use

any proprietary information or any of our interfaces or our other

intellectual

property in the design, development, manufacture, licensing, or

distribution of any

applications, accessories, or devices for use with the

application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either

the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1)

the license granted to you for our mobile application is limited to a nontransferable

license to use the application on a device that utilizes the Apple iOS

or Android operating systems, as applicable, and in accordance with the usage

rules set forth in the applicable App Distributor’s terms of service; (2) we are

responsible for providing any maintenance and support services with respect to

the mobile application as specified in the terms and conditions of this mobile

application license contained in these Terms of Use or as otherwise required

under applicable law, and you acknowledge that each App Distributor has no

obligation whatsoever to furnish any maintenance and support services with

respect to the mobile application; (3) in the event of any failure of the mobile

application to conform to any applicable warranty, you may notify the applicable

App Distributor, and the App Distributor, in accordance with its terms and policies,

may refund the purchase price, if any, paid for the mobile application, and to the

maximum extent permitted by applicable law, the App Distributor will have no other

warranty obligation whatsoever with respect to the mobile application; (4) you

represent and warrant that (i) you are not located in a country that is subject to a

U.S. government embargo, or that has been designated by the U.S. government

as a “terrorist supporting” country and (ii) you are not listed on any U.S.

government list of prohibited or restricted parties; (5) you must comply with

applicable third-party terms of agreement when using the mobile application, e.g.,

if you have a VoIP application, then you must not be in violation of their wireless

data service agreement when using the mobile application; and (6) you

acknowledge and agree that the App Distributors are third-party beneficiaries of

the terms and conditions in this mobile application license contained in these

deemed to have accepted the right) to enforce the terms and conditions in this

mobile application license contained in these Terms of Use against you as a thirdparty

beneficiary thereof. 

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SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online

accounts you have with third-party service providers (each such account, a “Third-

Party Account”) by either: (1) providing your Third-Party Account login information

through the Site; or (2) allowing us to access your Third-Party Account, as is

permitted under the applicable terms and conditions that govern your use of each

Third-Party Account. You represent and warrant that you are entitled to disclose

your Third-Party Account login information to us and/or grant us access to your

Third-Party Account, without breach by you of any of the terms and conditions that

govern your use of the applicable Third-Party Account, and without obligating us to

pay any fees or making us subject to any usage limitations imposed by the thirdparty

service provider of the Third-Party Account. By granting us access to any

Third-Party Accounts, you understand that (1) we may access, make available,

and store (if applicable) any content that you have provided to and stored in your

Third-Party Account (the “Social Network Content”) so that it is available on and

through the Site via your account, including without limitation any friend lists and

(2) we may submit to and receive from your Third-Party Account additional

information to the extent you are notified when you link your account with the

Third-Party Account. Depending on the Third-Party Accounts you choose and

subject to the privacy settings that you have set in such Third-Party Accounts,

personally identifiable information that you post to your Third-Party Accounts may

be available on and through your account on the Site. Please note that if a Third-

Party Account or associated service becomes unavailable or our access to such

Third Party Account is terminated by the third-party service provider, then Social

Network Content may no longer be available on and through the Site. You will

have the ability to disable the connection between your account on the Site and

your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR

RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS

ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY

BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose,

including but not limited to, for accuracy, legality, or non-infringement, and we are

not responsible for any Social Network Content. You acknowledge and agree that

we may access your email address book associated with a Third-Party Account

and your contacts list stored on your mobile device or tablet computer solely for

purposes of identifying and informing you of those contacts who have also

registered to use the Site. You can deactivate the connection between the Site and

your Third-Party Account by contacting us using the contact information below or

through your account settings (if applicable). We will attempt to delete any

information stored on our servers that was obtained through such Third-Party

Account, except the username and profile picture that become associated with

your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site (“Submissions”) provided by you

to us are non-confidential and shall become our sole property. We shall own

exclusive rights, including all intellectual property rights, and shall be entitled to the

unrestricted use and dissemination of these Submissions for any lawful purpose,

commercial or otherwise, without acknowledgment or compensation to you. You

hereby waive all moral rights to any such Submissions, and you hereby warrant

that any such Submissions are original with you or that you have the right to

submit such Submissions. You agree there shall be no recourse against us for any

alleged or actual infringement or misappropriation of any proprietary right in your

Submissions.

ADVERTISERS

We allow advertisers to display their advertisements and other information in

certain areas of the Site, such as sidebar advertisements or banner

advertisements. If you are an advertiser, you shall take full responsibility for any

advertisements you place on the Site and any services provided on the Site or

products sold through those advertisements. Further, as an advertiser, you warrant

and represent that you possess all rights and authority to place advertisements on

the Site, including, but not limited to, intellectual property rights, publicity rights,

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and contractual rights. We simply provide the space to place such advertisements,

and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the

right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in

our

sole discretion, violates the law or these Terms of Use, including without

limitation,

reporting such user to law enforcement authorities; (3) in our sole

discretion and

without limitation, refuse, restrict access to, limit the

availability of, or disable (to

the extent technologically feasible) any of

your Contributions or any portion

thereof; (4) in our sole discretion and

without limitation, notice, or liability, to

remove from the Site or otherwise

disable all files and content that are excessive

in size or are in any way

burdensome to our systems; and (5) otherwise manage

the Site in a manner

designed to protect our rights and property and to facilitate

the proper

functioning of the Site.

We care about data privacy and security. By using the Site, you agree to be bound

by our Privacy Policy posted on the Site, which is incorporated into these Terms of

Use. Please be advised the Site is hosted in the United States. If you access the

Site from any other region of the world with laws or other requirements governing

personal data collection, use, or disclosure that differ from applicable laws in the

United States, then through your continued use of the Site, you are transferring

your data to the United States, and you agree to have your data transferred to and

processed in the United States.

We respect the intellectual property rights of others. If you believe that any

material available on or through the Site infringes upon any copyright you own or

control, please immediately notify us using the contact information provided below

(a “Notification”). A copy of your Notification will be sent to the person who posted

or stored the material addressed in the Notification. Please be advised that

pursuant to applicable law you may be held liable for damages if you make

material misrepresentations in a Notification. Thus, if you are not sure that material

located on or linked to by the Site infringes your copyright, you should consider

first contacting an attorney.

TERM AND

TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT

NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE

(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR

ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR

BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT

CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR

REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE

SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION

THAT YOU POSTED AT ANY TIME,

WITHOUT WARNING, IN OUR SOLE

DISCRETION.

If we terminate

or suspend your account for any reason, you are prohibited from

registering and

creating a new account under your name, a fake or borrowed

name, or the name of

any third party, even if you may be acting on behalf of the

third party. In

addition to terminating or suspending your account, we reserve the

right to

take appropriate legal action, including without limitation pursuing civil,

criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

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obligation to update any information on our Site. We also reserve the right to

modify or discontinue all or part of the Site without notice at any time. We will not

be liable to you or any third party for any modification, price change, suspension,

or discontinuance of the Site.

We cannot guarantee

the Site will be available at all times. We may experience

hardware, software,

or other problems or need to perform maintenance related to

the Site, resulting

in interruptions, delays, or errors. We

reserve the right to

change, revise, update, suspend, discontinue, or otherwise

modify the Site at any

time or for any reason without notice to you. You agree that we have no liability

whatsoever for any loss, damage, or inconvenience caused by your inability to

access or use the Site during any downtime or discontinuance of the Site. Nothing

in these Terms of Use will be

construed to obligate us to maintain and support the

Site or to supply any

corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of Kenya. Brick

And Dirt and yourself irrevocably consent that the courts of Kenya shall have

exclusive jurisdiction to resolve any dispute which may arise in connection with

these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Terms of Use (each “Dispute” and collectively, the “Disputes”)

brought by either you or us (individually, a “Party” and collectively, the “Parties”),

the Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one

Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any

question regarding its existence, validity, or termination, shall be referred to and

finally resolved by the International Commercial Arbitration Court under the

European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according

to the Rules of this ICAC, which, as a result of referring to it, is considered as the

part of this clause. The number of arbitrators shall be three (3). The seat, or legal

place, of arbitration shall be Nairobi, Kenya. The language of the proceedings shall

be English. The governing law of the contract shall be the substantive law of

Kenya.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute

to be arbitrated on a class-action basis or to utilize class action procedures; and

representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above

provisions concerning informal negotiations and binding arbitration: (a) any

Disputes seeking to enforce or protect, or concerning the validity of, any of the

intellectual property rights of a Party; (b) any Dispute related to, or arising from,

allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any

claim for injunctive relief. If this provision is found to be illegal or unenforceable,

then neither Party will elect to arbitrate any Dispute falling within that portion of this

provision found to be illegal or unenforceable and such Dispute shall be decided

by a court of competent jurisdiction within the courts listed for jurisdiction above,

and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS 

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There may be

information on the Site that contains typographical errors,

inaccuracies, or

omissions, including descriptions, pricing, availability, and various

other

information. We reserve the right to

correct any errors, inaccuracies, or

omissions and to change or update the

information on the Site at any time, without

prior notice.

DISCLAIMER

THE SITE IS PROVIDED

ON AN AS-IS AND AS-AVAILABLE BASIS. YOU

AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT

YOUR SOLE RISK. TO THE

FULLEST EXTENT PERMITTED BY LAW, WE

DISCLAIM ALL WARRANTIES, EXPRESS OR

IMPLIED, IN CONNECTION WITH

THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT

LIMITATION,

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO

WARRANTIES OR REPRESENTATIONS ABOUT

THE ACCURACY OR

COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY

WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY

FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM

YOUR

ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO

OR USE OF

OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL

INFORMATION AND/OR FINANCIAL

INFORMATION STORED THEREIN, (4)

ANY INTERRUPTION OR CESSATION OF TRANSMISSION

TO OR FROM THE

SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH

MAY

BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,

AND/OR (6) ANY

ERRORS OR OMISSIONS IN ANY CONTENT AND

MATERIALS OR FOR ANY LOSS OR DAMAGE OF

ANY KIND INCURRED AS A

RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,

ENDORSE, GUARANTEE,

OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A

THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER

ADVERTISING, AND WE WILL NOT BE A

PARTY TO OR IN ANY WAY BE

RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU

AND

ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH

THE

PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR

IN ANY ENVIRONMENT, YOU

SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to

defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and

employees, from

and against any loss, damage, liability, claim, or demand, including

reasonable

attorneys’ fees and expenses, made by any third party due to or

arising out of: (1)

your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any

breach of your representations and warranties set forth in these Terms of Use; (5)

your violation of the rights of a third party, including but not limited to intellectual

property rights; or (6) any overt harmful act toward any other user of the Site with

whom you connected via the Site. Notwithstanding the foregoing, we reserve the

right, at your expense, to assume the exclusive defense and control of any matter

for which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defense of such claims. We will use reasonable efforts to notify

you of any such claim, action, or proceeding which is subject to this

indemnification upon becoming aware of it.



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USER DATA

We will maintain

certain data that you transmit to the Site for the purpose of

managing the

performance of the Site, as well as data relating to your use of the

Site. Although we perform regular routine backups

of data, you are solely

responsible for all data that you transmit or that

relates to any activity you have

undertaken using the Site. You agree

that we shall have no liability to you for any

loss or corruption of any such

data, and you hereby waive any right of action

against us arising from any such

loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications,

and you agree that all agreements, notices, disclosures, and other

communications we provide to you electronically, via email and on the Site, satisfy

any legal requirement that such communication be in writing. YOU HEREBY

AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,

ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF

NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR

COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or

requirements under any statutes, regulations, rules, ordinances, or other laws in

any jurisdiction which require an original signature or delivery or retention of nonelectronic

records, or to payments or the granting of credits by any means other

than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site

or in respect to the Site constitute the entire agreement and understanding

between you and us. Our failure to exercise or enforce any right or provision of

these Terms of Use shall not operate as a waiver of such right or provision. These

or all of our rights and obligations to others at any time. We shall not be

responsible or liable for any loss, damage, delay, or failure to act caused by any

cause beyond our reasonable control. If any provision or part of a provision of

these Terms of Use is determined to be unlawful, void, or unenforceable, that

provision or part of the provision is deemed severable from these Terms of Use

and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created

between you and us as a result of these Terms of Use or use of the Site. You

agree that these Terms of Use will not be construed against us by virtue of having

drafted them. You hereby waive any and all defenses you may have based on the

electronic form of these Terms of Use and the lack of signing by the parties hereto

to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

Brick And Dirt

__________

Kenya

Phone: +254728329329

brickanddirt@gmail.com

These terms of use were created using Termly’s Terms and Conditions Generator.

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