terms and conditions

Interpretation and Definitions

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Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Brick and Mortar LLC, Duluth, MN.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Downloadable Resources means any free or paid digital files, guides, templates, or other materials made available through the Website, whether accessible without registration or requiring an email signup or account.

E-course means any digital educational course offered for purchase through the Website, governed additionally by its own Terms of Use and Liability Disclaimer at the time of purchase.

Service refers to the Website and all content, offerings, and resources accessible through it.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding use of the Service.

Third-Party Service means any services, content, data, information, products, or resources provided by a third party that may be displayed, included, or made available through the Service.

Website refers to Brick and Mortar, accessible from https://www.brickandmortar.design/

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These Terms and Conditions govern your use of this Service and constitute the agreement between You and the Company. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms, You may not access the Service.

You represent that you are at least 18 years of age. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company, which describes how We collect, use, and disclose your personal information. Please read Our Privacy Policy carefully before using Our Service.

 

Licensing Disclosure

Brick and Mortar LLC holds architectural licenses in the states of Minnesota and Wisconsin only. Architectural design services and consultations are offered exclusively to projects located within these states. All other content on this Website, including articles, guides, downloadable resources, e-courses, and speaking engagement information, is educational and informational in nature and is available to visitors regardless of location.

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Educational & Informational Purpose

All content on this Website, including but not limited to articles, blog posts, downloadable resources, e-courses, and descriptions of services, is provided for educational and informational purposes only. This content does not constitute architectural design services, structural analysis, code compliance review, accessibility consultation, or technical construction advice of any kind, and should not be relied upon as such.

No content on this Website establishes an architect-client relationship between You and Brick and Mortar LLC. Such a relationship is established only through a separately executed written agreement. Visitors located outside of Minnesota and Wisconsin should be aware that the information on this Website is developed within the context of those states' codes, regulations, and practice standards and may not be applicable or relevant to projects in other jurisdictions.

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Services Overview

Brick and Mortar LLC offers the following services and products, each subject to the conditions described herein:

Architectural Services: Licensed commercial renovation design services available to projects in Minnesota and Wisconsin only. All architectural services are initiated, contracted, and governed by a separate written agreement executed directly with the Company. The Website is informational only with respect to these services.

Consultations: Project consultations are available to clients with projects located in Minnesota and Wisconsin. Consultations may be booked through the Website; however, payment and formal engagement are handled through direct contact with the Company. Where a separate consultation agreement is not executed, these Terms and Conditions provide the governing framework for that engagement. Consultations are educational and advisory in nature and do not constitute the commencement of formal architectural services unless a separate agreement is executed.

E-Courses: Digital educational courses available for purchase through the Website. Each E-course is governed by its own Terms of Use and Liability Disclaimer, which You will be required to accept at the time of purchase. E-courses are available nationally and are not limited to Minnesota or Wisconsin residents.

Downloadable Resources: Digital files, guides, templates, and other materials available through the Website, either freely or upon email signup or account registration. Paid downloadable resources are governed by their own terms presented at the time of purchase. Free resources are provided "as is" for informational purposes only.

Speaking Engagements: Brick and Mortar LLC offers in-person and virtual speaking engagements on architectural, design, and small business topics for educational and informational purposes. Speaking engagements are not booked through the Website. All inquiries must be directed to the Company via email. Speaking engagement content does not constitute architectural advice or services.

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Intellectual Property

The Website and its original content, excluding content provided by third parties, including features, functionality, text, graphics, logos, and downloadable materials, are and will remain the exclusive property of Brick and Mortar LLC and its licensors. The Website is protected by copyright, trademark, and other applicable laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Downloadable resources accessed through the Website may not be resold, redistributed, or used to develop competing products or train AI models without express written permission from Brick and Mortar LLC.

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Analytics & Data Collection

This Website uses Google Analytics and Wix Analytics to collect aggregated, non-personally identifiable data about how visitors interact with the Website, such as pages visited, time spent on the site, and general geographic location. This data is used solely to improve the Website experience and inform content decisions. We do not collect specific personal information through these tools. For full details on how your information is handled, please refer to our Privacy Policy.

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Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites You visit. The Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

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Disclaimer of Warranties

The Service is provided to You "as is," "as available," and "with all faults," without warranty of any kind. To the maximum extent permitted by applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Company makes no warranty that the Service will meet Your requirements, achieve any intended results, operate without interruption, or be error-free. Some jurisdictions do not allow the exclusion of certain types of warranties, so some of the above exclusions may not apply to You.

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Limitation of Liability

To the maximum extent permitted by applicable law, the total liability of Brick and Mortar LLC and its affiliates for any claim arising out of or related to your use of this Website or any service or product obtained through it shall not exceed the greater of: (a) the fee paid by You for the specific service rendered by the Company giving rise to the claim, or (b) the purchase price paid by You for the specific digital product giving rise to the claim. Where no fee or purchase has been made, liability shall not exceed $100 USD.

In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, business interruption, or personal injury, arising out of or related to your use of or inability to use the Service, even if the Company has been advised of the possibility of such damages. Some states do not allow these limitations, in which case liability will be limited to the greatest extent permitted by law.

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Indemnification

You agree to indemnify, defend, and hold harmless Brick and Mortar LLC, its members, employees, and affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees,  arising out of or in any way connected with your use of the Service or your violation of these Terms.

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Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason, including if You breach these Terms. Upon termination, Your right to use the Service will cease immediately.

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Disputes Resolution

If You have a concern or dispute arising from your use of this Website or any product or service obtained through it, You agree to first contact Brick and Mortar LLC directly via email at hello@brickandmortar.design to attempt informal resolution. The Company will make reasonable efforts to address your concern promptly and in good faith.

If informal resolution is unsuccessful, any dispute shall be subject to the governing law and jurisdiction described below. Nothing in this section limits either party's right to seek injunctive or equitable relief where appropriate.

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Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict of law provisions. Any disputes not resolved informally shall be subject to the exclusive jurisdiction of the courts located in St Louis County, Minnesota. Your use of the Service may also be subject to other applicable local, state, or federal laws.

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International Visitors

This Website is operated from the United States and is intended primarily for visitors located within the United States. If You are accessing the Website from outside the United States, please be aware that the content, information, and resources provided are developed within the context of United States laws, building codes, and practice standards, specifically those of Minnesota and Wisconsin, and may not be applicable, accurate, or relevant to your jurisdiction. The Company makes no representation that the content of this Website is appropriate or available for use in locations outside the United States.

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Severability and Waiver

 

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified and interpreted to accomplish its objectives to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

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Waiver

The failure to exercise a right or require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter. A waiver of any breach shall not constitute a waiver of any subsequent breach.

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Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any additional terms presented at the time of purchase of a specific product or service, constitute the entire agreement between You and Brick and Mortar LLC with respect to your use of the Service. This Agreement supersedes all prior communications, representations, or agreements,  whether written or oral,  relating to its subject matter.

 

Changes to These Terms

Brick and Mortar LLC reserves the right to modify or replace these Terms at any time at its sole discretion. Changes become effective upon posting to the Website. By continuing to access or use the Service after changes are posted, You agree to be bound by the revised Terms. If You do not agree to the revised Terms, please discontinue use of the Website and Service.

 

Contact

For questions regarding these Terms and Conditions, service inquiries, or speaking engagement requests, contact Brick and Mortar LLC by email only:

Email: hello@brickandmortar.design

Website: https://www.brickandmortar.design/connect