Agreement between User and www.breakthroughbroker.com
Welcome to www.breakthroughbroker.com. The www.breakthroughbroker.com website (the "Site") is comprised of various web pages operated by Breakthrough Broker LLC ("Breakthrough Broker"). www.breakthroughbroker.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.breakthroughbroker.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.breakthroughbroker.com is an E-Commerce Site.
Marketing services, templates, and information for licensed real estate practitioners.
Privacy
Your use of www.breakthroughbroker.com is subject to Breakthrough Broker's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.breakthroughbroker.com or sending emails to Breakthrough Broker constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Breakthrough Broker is not responsible for third-party access to your account that results from theft or misappropriation of your account. Breakthrough Broker and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
While we make every attempt to provide a reliable website the website and any related functionality may go down. We can not and do not guarantee that all website functions will be available 100 percent of the time. We also reserve the right to disable, enable, and change all functions at any time.
Children Under Thirteen
If you view content that you feel is a Breakthrough Broker does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.breakthroughbroker.com only with the permission of a parent or guardian.
Cancellation/Refund Policy
Non Refundable: All payments are non-refundable after purchase including annual subscription payments.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. Automatic Monthly Renewal Terms. Once you subscribe Breakthrough Broker will automatically bill your credit card for the publicized monthly subscription fee. This fee will be processed on the date you subscribed until you cancel your subscription. See the cancelation policy in the Cancelation Policy below.
Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. You will be billed each year on a recurring basis from the date your subscription is purchased until you cancel your subscription. We will notify you prior to the Annual Subscription being billed. See Cancellation Policy below. Responsible for payment. If we do not receive payment, Breakthrough Broker will send a reminder for payment. If your credit card or other payment method is not received on your normal recurring billing date for either monthly or annual subscription your BB Plus subscription will automatically be downgraded to a free profile. All BB Plus Saved Marketing items will still be available for download however you will not be able to edit those marketing items where applicable.
Links to Third Party Sites/Third Party Services
www.breakthroughbroker.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Breakthrough Broker and Breakthrough Broker is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Breakthrough Broker is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Breakthrough Broker of the site or any association with its operators.
Certain services made available via www.breakthroughbroker.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.breakthroughbroker.com domain, you hereby acknowledge and consent that Breakthrough Broker may share such information and data with any third party with whom Breakthrough Broker has a contractual relationship to provide the requested product, service, or functionality on behalf of www.breakthroughbroker.com users and customers.
Advertisements
BreakthroughBroker.com sells advertising space to marketing partners. Throughout the website, you will see advertisements by our marketing partners. The advertisements may take you to other web pages or websites owned by our marketing partners. BreakthroughBroker.com is not responsible for any content or issues with these sites. BreakthroughBroker.com reserves the right to display advertising to site users.
Downloaded Content
IMPORTANT! This downloadable content, whether in electronic or hardcopy form is protected by the U.S. and international copyright laws and is licensed only on the condition that you, the User, agree with Licensor (“Breakthrough Broker”) to the terms and conditions set forth in this legal agreement ("Agreement"). READ THIS CONTENT AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT IF YOU DOWNLOAD THIS CONTENT. By downloading, copying, or otherwise using this Content you accept all the terms and conditions of this Agreement. Please read it carefully. If you do not agree to the terms and conditions of this Agreement, do not download, copy, or use this Content.
Limited License
By the act of downloading this Content, Licensor grants the User a single limited personal and/or limited commercial, non-transferable, non-exclusive license to utilize the Content subject to the terms and conditions of this agreement. THE USER MAY NOT PROFIT FROM, USE, COPY, MODIFY, OR TRANSFER THE CONTENT OR IN WHOLE OR IN PART, EXCEPT AS PROVIDED IN THIS AGREEMENT. The license granted permits the User to do only each of the following:
You are permitted to
Use the Content for personal non-profit use(s) including academic, educational, and/or professional training.
Use the Content solely for the commercial benefit of the User’s immediate and personal real estate business interest(s). However, users may not offer, sell, resell, rent, lease, or otherwise provide the Content, copies of, and/or derivative works thereof to any third party for commercial/monetary gain.
Personalize/customize the Content for personal non-commercial and/or for limited commercial use as defined by the terms of this agreement only where invited to do so through specific instructions in the Content itself or by obvious formatting of the Content such that a reasonable person would understand that such Content was intended to be personalized and/or customized.
You are not permitted to
Users may not alter, obscure, remove, move, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices from the Content.
User may not copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, resell, receive compensations for, share, sublicense, syndicate, or otherwise provide to others, or use any Content in whole or in part, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content outside of the limited exceptions for personal and/or limited commercial use as determined by the express written terms of this limited license except as permitted by the Copyright Act. The user agrees not to use the Content for any purpose that is unlawful or prohibited by this Agreement. User agrees not to use the content in such a manner as to compete with the business interests of Licensor, namely providing internet-based real-estate and/or general business marketing, strategic and/or educational information and advice outside the express written terms of this limited license.
These are the only rights granted. All other rights are expressly reserved by Licensor. Such limits shall apply to the use of either a portion of or the entire Content. The rights granted by this license shall terminate automatically upon the User's failure to abide by all terms or conditions of this license, written notice by the Licensor, or by any contribution by the User to any infringement of any proprietary rights owned or licensed by the Licensor. In the event of any termination, the User agrees to destroy the Content and all copies thereof.
Ownership
The Content is the property of Breakthrough Broker, LLC and/or its licensors. Under this limited license, the User may own the physical media (disk, floppy, CD-ROM, etc.) on which the Content is originally or subsequently recorded or fixed. Licensor, or its representatives, partners, suppliers, licensors or vendors, retains all title and ownership, and/or licenses including copyright, of the Content (including without limitation, images, video, audio, music, photographs, text, graphics, animations, and other content) and all subsequent copies or derivative works of the Content, regardless of the form or media in or on which the original, and other copies may exist. This Limited License authorizes limited, nonexclusive use of the Content and is not a sale of the original Content or any copy thereof.
Termination: This Agreement is effective until terminated. Users may terminate this License at any time by destroying the Content and all copies thereof. This License will terminate immediately without notice from Licensor if the User fails to comply with any provision of this Agreement. Upon termination, the User must destroy the Content and all copies thereof.
Liability/Warranty Disclaimers
IN NO CASE SHALL LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, ARISING FROM RELIANCE ON THE INFORMATION CONTAINED OR RELATED TO THE CONTENT AND/OR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY IN TORT OR CONTRACT, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF BUSINESS, DAMAGES FROM BUSINESS INTERRUPTION, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY,
COSTS OF RECOVERING, OR REPRODUCING ANY CONTENT EVEN IF LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS, OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER AGREES THAT LICENSOR'S AND ITS EMPLOYEES', AGENTS', OR SUPPLIERS' TOTAL LIABILITY, IF ANY, UNDER ANY THEORY, SHALL NOT EXCEED ANY AMOUNT PAID BY USER FOR THE CONTENT. ANY WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS WILL IN NO WAY INCREASE THE SCOPE OF LIABILITY OR LIMITED WARRANTY, NOR MAY THE USER RELY ON ANY SUCH WRITTEN OR ORAL COMMUNICATION. THE USER AGREES TO ACCEPT THIS CONTENT "AS IS" AND "WITH ALL FAULTS" OTHER THAN THE LIMITED WARRANTY STATED ABOVE. ALL EXPRESS WARRANTIES UNLESS SPECIFICALLY STATED HEREIN AND ALL IMPLIED WARRANTIES ON THE CONTENT, MEDIA, AND DOCUMENTATION INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. Some states do not allow limitations on how long an implied warranty may last or on incidental or consequential damages so the above limitation may not apply to you.
As such, LICENSOR, ITS EMPLOYEES, AGENTS, OR SUCCESSORS DISCLAIM ANY LIABILITY, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM ERRORS, INFRINGEMENTS OR OMISSIONS IN THE CONTENT.
WARNING
All material associated with this Agreement is copyrighted material. The owner of the Content and materials asserts all copyrights and other proprietary rights in and to such items except as licensed to users hereunder and subject to strict compliance with the terms of this license. Federal law provides severe civil and criminal penalties for the unauthorized reproduction, distribution, or use of copyrighted materials (Title 17, United States Code). Civil statutory penalties may be awarded for up to $150,000 for each infringement. Furthermore, the Federal Bureau of Investigation investigates allegations of criminal copyright infringement for enforcement of penalties which may include imprisonment for up to ten (10) years.
BY USING THE CONTENT SUBJECT TO THIS LICENSE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT AND SUPERSEDES ANY PROPOSAL DEALINGS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Comment Policy
BreakthroughBroker.com reserves the right to review all submissions to the site. Comments will either be posted or deleted after review. We will attempt to provide explanations to individuals whose comments are not published on the site. The site reserves the right to take down posted comments at any time.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.breakthroughbroker.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Breakthrough Broker that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Breakthrough Broker or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Breakthrough Broker content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Breakthrough Broker and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Breakthrough Broker or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
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