Terms of Service
Agreement to Terms
Welcome to Brickstone Escrow Inc. ("Brickstone Escrow," "we," "us," or"our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Use of Our Website
1.1 Eligibility
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
1.2 Permitted Use
You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:
- Use our Services in any way that violates any applicable federal, state, local, or international law or regulation
- Transmit any material that is defamatory, obscene, offensive, or otherwise objectionable
- Impersonate or attempt to impersonate Brickstone Escrow Inc., our employees, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services
- Use any robot, spider, or other automatic device toaccess our Services
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
- Attempt to gain unauthorized access to our Services, servers, or networks
- Interfere with the proper working of our Services
1.3 Account Security
If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
2. Escrow Services
2.1 Neutral Third Party
Brickstone Escrow acts as a neutral third party in real estate transactions. We do not represent either the buyer or seller and have no fiduciary duty to any party except as expressly provided in the escrow instructions.
2.2 Escrow Instructions
All escrow services are governedby written escrow instructions executed by the parties to the transaction. In the event of any conflict between these Terms and the escrow instructions, the escrow instructions shall control.
2.3 Compliance with Instructions
We will follow the escrowinstructions provided to us and applicable law. We are not responsible for verifying the accuracy of information provided by parties to the transaction or for ensuring that the transaction is appropriate or beneficial to any party.
2.4 Document Review
While we carefully review all documents in your transaction, we do not provide legal advice or opinionsregarding the validity, enforceability, or legal sufficiency of any document. You are responsible for reviewing all documents and should consult with your own attorney if you have questions.
3. No Professional Advice
3.1 Not Legal, Financial, or Tax Advice
The information provided on our website and through our Services is for general informational purposes only and does not constitute legal, financial, tax, or professional advice. We are notattorneys, accountants, financial advisors, or tax professionals.
3.2 Consult Your Own Professionals
You should consult with qualified professionals (attorneys, accountants, financial advisors, tax advisors) regarding your specific situation before making any decisions related to your real estate transaction.
3.3 No Attorney-Client Relationship
No attorney-client, accountant-client, or other professional relationship is created between you and Brickstone Escrow Inc. through your use of our Services or communications with us.
4. Intellectual Property Rights
4.1 Our Content
All content on our website, including text, graphics, logos, images, design, and software, is the property of Brickstone Escrow Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use. You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from any content on our website
- Use any content for commercial purposes without our express written permission
- Remove or modify any copyright, trademark, or other proprietary notices
4.3 Trademarks
"Brickstone Escrow" and our logo are trademarks of Brickstone Escrow Inc. You may not use our trademarks without our prior written permission.
5. User-Generated Content
5.1 Submissions
If you submit any content, feedback, suggestions, or materials to us (collectively, "Submissions"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Submissions in anymedia.
5.2 Responsibility for Submissions
You are solely responsible foryour Submissions. You represent and warrant that you own or have the necessary rights to submit your Submissions and that your Submissions do not violate anythird-party rights or applicable laws.
6. Third-Party Links and Services
Our website may contain links to third-party websites or services that are not owned or controlled by Brickstone Escrow Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage orloss caused by your use of any third-party content, goods, or services.
7. Disclaimers and Limitations of Liability
7.1 "AS IS" Basis
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
• Our Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our Services will be accurate or reliable
• Any errors in our Services will be corrected
- Your violation of these Terms
- Your use of our Services
- Your violation of any rights of another party
- Any content you submit to us
7.2 Limitation of Liability
- Your access to or use of (or inability to access or use) our Services
- Any conduct or content of any third party on our Services
- Unauthorized access, use, or alteration of your transmissions or content
TO THE FULLEST EXTENT PERMITTEDBY LAW, BRICKSTONE ESCROW INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTSSHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES EXCEED THE AMOUNT YOU PAID USIN THE PAST TWELVE MONTHS, OR $500, WHICHEVER IS GREATER.
7.3 State Law Variations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability forconsequential or incidental damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
8. Indemnification
You agree to defend, indemnify, and hold harmless Brickstone Escrow Inc and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
9. Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9.2 Jurisdiction and Venue
You agree that any legal action or proceeding between you and Brickstone Escrow Inc. shall be brought exclusively in the federal or state courts located in San Diego County, California. You consent to the personal jurisdiction of such courts and waive any objection tovenue.
9.3 Arbitration
For any dispute not related to escrow services (which are governed by the escrow instructions), you agree that disputes shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, either party may elect binding arbitration in accordance with the rules of the American Arbitration Association.
9.4 Class Action Waiver
You agree to resolve disputes with us on an individual basis and waive your right to participate in any class action or representative proceeding.
10. Modification of Terms
We reserve the right to modifythese Terms at any time. We will notify you of any material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the modified Terms.
11. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for anyreason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Entire Agreement
These Terms constitute the entire agreement between you and Brickstone Escrow Inc. regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.
14. Waiver
No waiver by Brickstone Escrow Inc. of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
15. Contact Information
If you have any questions about these Terms, please contact us:
Brickstone Escrow Inc.
Address: 225 Plaza St Suite 103,Solana Beach, CA 92075
Phone: (858) 436-7216
Email: hello@brickstoneescrow.com
Hours: Monday - Friday: 9am - 5pm
By using our Services, youacknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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