Terms and Conditions of Use and Service
THESE TERMS AND CONDITIONS OF USE AND SERVICE TERMS AND SERVICE GOVERN YOUR USE OF THIS WEB SITE AND OTHER WEB SITES (COLLECTIVELY, OWNED OR OPERATED BY BREAKTHROUGHX LLC (HEREIN “COMPANY”). THESE TERMS BECOME EFFECTIVE BETWEEN YOU AND COMPANY UPON INITIALLY CLICKING THE ACCEPT BUTTON WHEN YOU FIRST BECOME A CUSTOMER OR A MEMBER. YOU AGREE THAT ANY FUTURE ACCESS TO THIS SITE INDICATES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, or that you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without express prior written consent from the Company. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.
The material and content (hereinafter referred to as the Content) accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by the Company, are the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
The material and content (hereinafter referred to as the Content) accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by the Company, are the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
This Site may be hyper-linked to other Sites that are not maintained by, or related to, the Company. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or the Company. The Company has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and the Company makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by the Company of that Site.
You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Company through this Site (together, hereinafter known as the Submission), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
The Company will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.
BY SUBSCRIBING AND USING THIS SITE, YOU ACCEPT THESE TERMS, YOU AGREE TO THE THEN CURRENT COMPANY PRIVACY POLICY AND THE EARNINGS DISCLAIMER AS INTEGRATED HEREIN AND INCORPORATED BY REFERENCE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THE PRIVACY POLICY, OR THE EARNINGS DISCLAIMER, PLEASE DO NOT SUBSCRIBE AND CEASE USE OF THIS SITE AND OUR SERVICES. NOTE THAT EACH OF THESE POLICIES MAY BE CHANGED FROM TIME TO TIME AT OUR COMPANY’S DISCRETION AND WITHOUT NOTICE, EXCEPT WITH A NEW LAST UPDATED DATE.
Consent to Automated Phone Calls and Text (SMS) Messages
BY SUBSCRIBING TO THIS SITE, YOU HEREBY CONSENT THAT THE COMPANY MAY PLACE AUTOMATED AND LIVE PHONE CALLS TO THE NUMBER YOU PROVIDE. THE COMPANY MAY ALSO SEND TEXT MESSAGES TO THE NUMBER YOU PROVIDE. FOR MORE INFORMATION, SEE SECTION 16 CFR 310.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by the Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that the Company does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE (CUMULATIVE LIABILITY CAP).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSIONS OF DAMAGES, SO SUCH DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE PRIOR SENTENCE, YOU AGREE THAT, IF THE COMPANY IS FOUND LIABLE, THE COMPANY’S CUMULATIVE LIABILITY WILL BE CAPPED AT THE CUMULATIVE LIABILITY CAP SET FORTH ABOVE.
Legal notices shall be served by the Company’s national registered agent and to you via your e-mail address that you provide to the Company during the initial registration process.
Trademarks, service marks, and logos appearing in this Site are the property of the Company or the party that provided the trademarks, service marks, and logos to the Company. The Company and any party that provided trademarks, service marks, and logos to the Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
You may not post, send, submit, publish, or transmit in connection with this Site any material that: