Terms of Use

 Terms of use

Brickyard Associates, LLC and its affiliates (“Brickyard Associates” or “we”) provides its content on its website that link to this Terms of Use (the “Site”) subject to the following terms and conditions (the “Terms”). Terms may be updated without prior notice, so it is important to review them from time to time. These Terms were last updated on July 31, 2019. By accessing and using this Site, Site User agrees to these Terms.

1. Copyrights
All content and functionality on the Site, including text, graphics in addition to any concepts, tools, frameworks, models, processes and industry perspectives underlying or included in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Brickyard Associates, LLC and, to the extent applicable, is protected by U.S. and international copyright laws. The Site Content may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without express written permission from Brickyard Associates, LLC except as outlined in Section 2.  All rights not expressly granted are reserved.

2. Use of site content
Brickyard Associates hereby grants Site User a limited, non-exclusive, non-transferable, revocable license for the term hereof to access, download, display, and print a single copy of the Site Content on any single computer solely for Site User's internal, business use.  Site User may not reproduce, modify, reverse engineer, transmit, post, or disclose the Site Content without Brickyard Associates LLC's prior written consent. The license granted in this section terminates automatically and immediately if Site User do not comply with these Terms.

3. User postings
Site User acknowledge and agree that Brickyard Associates, LLC shall own and have the unrestricted right to utilize and/or publish any and all Site User-generated content, including posts, message boards, questionnaires, survey responses, and otherwise, and Site User acknowledges and agrees that, by providing us any such submission, Site User automatically grant, and hereby do grant, to Brickyard Associates worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, Site User hereby waives any claims against Brickyard Associates, LLC for infringements of any rights of privacy or publicity, intellectual property rights, or rights of attribution in connection with Brickyard Associates LLC’s use and publication of such submissions.

Brickyard Associates, LLC does not verify, represent or endorse the accuracy of reliability of Site User-generated content. In addition, Brickyard Associates, LLC does not, cannot and will not review all information posted to the Site by users.  As such, Brickyard Associates is not responsible for such information. However, Brickyard Associates, LLC reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

4. Disclaimers
THE CONTENT AND FUNCTIONALITY PROVIDED ON THE BRICKYARD ASSOCIATES.COM WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT BRICKYARD ASSOCIATES LLC IS NOT CURRENTLY PROVIDING PROFESSIONAL SERVICES OR ADVICE TO SITE USER OR SITE USER'S COMPANY.  SITE CONTENT IS PROVIDED FOR REFERENCE ONLY AND IS NOT INTENDED TO SERVE AS OR BE DEEMED AS OPERATIONAL, INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE.  THE SITE USER SHALL REMAIN SOLELY RESPONSIBLE FOR USE OF ALL BRICKYARD ASSOCIATES.COM CONTENT AND ACKNOWLEDGE THAT ANY USE OF SITE CONTENT SHALL BE MADE AT THE USERS OWN RISK. ALL CONTENT AND PROVIDED FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.  BRICKYARD ASSOCIATES MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, WITH RESPECT TO ANY CONTENT OR FUNCTIONALITY PROVIDED ON THIS WEBSITE.  BRICKYARD ASSOCIATES LLC ACCEPTS NO LIABILITY OR RESPONSIBILITY FOR BRICKYARD ASSOCIATES.COM INFORMATION PUBLISHED TO THIRD PARTY WEBSITES, INCLUDING LINKEDIN, FACEBOOK, TWITTER OR INSTAGRAM.  NEITHER BRICKYARD ASSOCIATES LLC NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS RESULTING FROM USE OF CONTENT ON BRICKYARD ASSOCIATES.COM. THESE PROTECTIONS SHALL REMAIN IN PLACE WHETHER OR NOT BRICKYARD ASSOCIATES OR ITS PARTNERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

5. Indemnity
Brickyard Associates LLC, its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assignees ("Brickyard Associates Indemnified Parties") shall not be liable to Site Users or any third party for any punitive, exemplary or other special damages, or any indirect, incidental or consequential damages ("Losses") arising out of or connected in any way with use of content posted to Brickyard Associates.com, regardless of Site User's compliance with Site Terms of Use.  Brickyard Associates reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by Site User.

6. Governing law; jurisdiction
These Terms are governed by the laws of the State of Massachusetts without reference to the principles of conflicts of laws thereof.