Terms of Service
Last Updated: May 1, 2025
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Introduction
Welcome to brickmanpro.life (the "Website"). These Terms of Service ("Terms") govern your access to and use of the Website and any services, content, features, or products offered by brickmanpro.life (collectively, the "Services"). The Website is operated by Brickman Pro Inc. ("we," "our," or "us"), a company incorporated under the laws of Canada, with our principal place of business in Ontario, Canada.
By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website or Services. These Terms apply to all visitors, users, and others who access or use the Website (collectively, "Users").
Please read these Terms carefully. They contain important information regarding your legal rights, including limitations of liability, dispute resolution, and governing law provisions. If you have any questions about these Terms, please contact us at support@brickmanpro.life.
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Eligibility and User Representations
By using this Website, you represent and warrant that:
- You are at least the age of majority in your province or territory of residence (typically 18 or 19 years of age in Canada), or you are accessing the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
- You have the legal capacity to enter into a binding contract.
- You will provide accurate, current, and complete information when creating an account or making any purchase, and you will update such information promptly if it changes.
- Your use of the Website complies with all applicable local, provincial, national, and international laws, regulations, and rules, including but not limited to Canadian laws and the General Data Protection Regulation (GDPR) where it applies to you.
- You are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions, including being listed on any Canadian or international sanctions lists.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion if we believe that a User has violated these Terms or applicable law.
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Account Registration and Security
To access certain features of the Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You agree to:
- Notify us immediately of any unauthorized use of your account or any other breach of security at support@brickmanpro.life.
- Ensure that you log out of your account at the end of each session, particularly when using a shared or public device.
- Not share your account credentials with any third party or allow any third party to access your account.
- Be solely responsible for any loss or damage resulting from your failure to comply with these security obligations.
We are not liable for any loss or damage arising from your failure to protect your account information. We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
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Use of the Website and Services
You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Brickman Pro Inc., its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us.
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Trademarks
The Brickman Pro name, the brickmanpro.life domain name, and all related names, logos, product and service names, designs, and slogans are trademarks of Brickman Pro Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Brickman Pro Inc. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
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User Contributions and User Content
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the content standards set out in these Terms. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
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Content Standards and Prohibited Uses
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
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Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the content standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
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Copyright Infringement
If you believe that any User Contributions or other content on the Website violate your copyright, please notify our copyright agent in accordance with the Canadian Copyright Act (or applicable international law). The notice should be sent to our Designated Copyright Agent at copyright@brickmanpro.life or by mail to: Brickman Pro Inc., Attn: Copyright Agent, 123 Innovation Drive, Suite 400, Toronto, ON M5V 1A1, Canada.
Your notice must comply with the requirements of the Copyright Act and must include the following: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Privacy and Data Protection (GDPR Compliance)
We are committed to protecting your privacy and personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area and the Personal Information Protection and Electronic Documents Act (PIPEDA) for users in Canada. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Website, you acknowledge and agree that we may collect, process, and store your personal data as described in our Privacy Policy. We will only process your personal data for legitimate business purposes, including to provide the Services, to communicate with you, to comply with legal obligations, and to improve the Website. We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, loss, or destruction.
As a user subject to GDPR, you have the following rights regarding your personal data:
- Right to Access: You have the right to request access to your personal data that we hold.
- Right to Rectification: You have the right to request correction of inaccurate or incomplete personal data.
- Right to Erasure (Right to be Forgotten): You have the right to request deletion of your personal data, subject to certain conditions.
- Right to Restrict Processing: You have the right to request restriction of processing of your personal data in certain circumstances.
- Right to Data Portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
- Right to Object: You have the right to object to processing of your personal data, including for direct marketing purposes.
- Right to Withdraw Consent: Where processing is based on consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
To exercise any of these rights, please contact us at privacy@brickmanpro.life. We will respond to your request within 30 days, or as required by applicable law. We may require additional information to verify your identity before processing your request. If you are unsatisfied with our response, you have the right to lodge a complaint with the applicable data protection authority in your jurisdiction.
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by law. When we no longer need your personal data, we will securely delete or anonymize it.
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Purchases and Payments
If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such information, you represent and warrant that you have the legal right to use any payment method(s) you provide.
All payments are processed securely through our third-party payment processors. We do not store full credit card numbers on our servers. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in the description or price of the product, or if we suspect fraud or unauthorized or illegal activity.
All prices are quoted in Canadian Dollars (CAD) unless otherwise indicated. Applicable taxes, shipping, and handling charges will be added to your order total. We reserve the right to change prices at any time without prior notice. Any promotions or discounts are subject to the specific terms stated at the time of the offer.
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Shipping, Delivery, and Returns
Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment or delivery caused by circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, or carrier delays. Risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier.
Our return and refund policy is set forth in our separate Return Policy, which is incorporated into these Terms by reference. You may return most new, unopened items within 30 days of delivery for a full refund of the purchase price, excluding shipping and handling charges. Custom or personalized items are non-returnable unless defective. To initiate a return, please contact our customer service team at returns@brickmanpro.life.
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Third-Party Links and Resources
The Website may contain links to third-party websites or resources that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy policies of each third-party website you visit.
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Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
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Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING FOR FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM, OR IF NO AMOUNT WAS PAID, THEN ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
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Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
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Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the courts of the Province of Ontario, located in the City of Toronto, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Dispute Resolution and Arbitration
If you have a dispute with us arising from or relating to these Terms or your use of the Website, you agree to first contact us at support@brickmanpro.life to attempt to resolve the dispute informally. If we cannot resolve the dispute within 30 days, you and we agree to resolve any claims through binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.