By accessing this website we assume you accept these terms and conditions in full. Do not continue to use BREAKAWAYCATION, LLC's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and or he/she or they, are taken as interchangeable and therefore as referring to same.
Terms of Service for The Dabbler, Explorer, and Explorer Plus
The Dabbler: Cost is FREE.
Access to the breakawaycation.com community for ages 18 and older( see terms and conditions for more details) you will have FREE access for life to all forums, free travel groups, tips and tricks, ask the experts, FREE Booking engine, access to sold out and some discount events. We will require a credit card upon signing up for security reasons to verify your age and identity, nothing will be charged while continuing this membership. By agreeing to the terms and conditions you are also agreeing to the rules, terms and conditions. The websites and forums are strictly monitored and we do not tolerate any criminal behavior including but not limited to, nudity, human trafficking, sales of other products and services unless prior arrangements with management has been made, drug and alcohol sales are forbidden and all other terms and conditions apply.
The Explorer: $39 INCLUDES 90 DAY SOFTWARE LICENSE TO ACCESS THE BREAKAWAYCARD INVENTORY TO BOOK YOUR 1 TIME USE OF A 7 DAY CONDO WEEK.
Plus 90 days access to the member perks section of the breakawaycation.com website. You will have a username and password to login from there you can access and book your SINGLE condo week. Condo weeks are 7 nights and must be booked by the 90th day or your ability to login and book will expire. HOWEVER vacation weeks can be booked out for up to a year. You will ONLY have access to about 10% of our inventory as this is an INTRO OFFER we do offer cruises, hotels, car rentals, packages and much more. YOU will be given a FREE seat to the webinar just for buying the breakawaycard and we will show you how to save on everything else.
The Explorer PLUS: $69-INCLUDES 1 YR SOFTWARE LICENSE GIVING ACCESS TO THE BREAKAWAYCARD INVENTORY TO BOOK UNLIMITED 7 DAY CONDO WEEKS.
Plus 1 year access to the breakawaycation community see all benefits below.
You will also have access to all member perks including:
Coupons and rebates
Customers understands that the coupons in this section are all offered from third party vendors and not by breakawaycation directly any use of these coupons are at customer's discretion and breakawaycation is not held liable by any offers made in this section, although we do check them to be sure they are still working breakawaycation or its suppliers cannot control unforeseen circumstances with each business making offers, if you are having any troubles in this section please send a report directly from the page and we will do our best to get it corrected.
If you have a large party and need us to get special pricing for your party please send us a request, we will do our best to get you the cheapest price available.
You will have access to interact with other members and the owners of breakawaycation here you can ask all of your travel questions or concerns and we will do our best to get you answers or advice, also learn tips and tricks in travel industry and timeshare relief.
This section is available to all memberships and includes access to sold out events or seats. There are some discounts here but what this is mainly used for is to get the best seats that may be sold out at the box office. For discounts prices be sure to check the member perks section.
FREE booking engine
This is the best public online booking engine we could find we had the commissions we get paid removed so that the member can receive the lowest price publicly possible, IF YOU WANT BETTER prices upgrade to our bigger packages and access wholesale prices that are not made available to the public.
MONEY BACK GUARANTEE ON EXPLORER AND EXPLORER PLUS PACKAGES
WE GUARANTEE THAT IF THE BREAKAWAYCARD DOES NOT SAVE YOU AT LEAST 50% OFF A 7 NIGHT CONDO STAY ON ANY 7 NIGHT CONDO STAY LISTED IN THE BREAKAWAYCARD INVENTORY ON THE BREAKAWAYCATION.COM WEBSITE, THAT WE WILL ISSUE A 100% REFUND TO YOU.
Billing and Payment for the above licenses
Billing will be a one time purchase of a software license from Breakout Enterprise that will give you access to the selected software license package above and will be billed by the licensor” breakout Enterprise” ( licensor/owner) access to the community site is included for free for the time allotted on each package above, sites are managed and operated by Breakout Corporate and any and all membership packages (UPGRADES) made available within the site our offered and charged separately from Breakout Corporate should you choose to “UPGRADE” within the site(s).
Please note if using a coupon code, once the free trial is up you will be billed the discounted balance in 2 payments equaling half of the billed amount. Example if you owe $14.95 you would be charged $7.47 twice equaling $14.95.
Coupon codes are for viewing the inventory only If you want to book anything you will need the card to be activated, Once the card is activated you may not cancel you will have the allotted time to book your condo week. Condo weeks must be booked before the 90 days is up if you have the EXPLORER, and 12 months if you have the EXPLORER PLUS, however your travel date can be up to a year out past the expiration of the card. Coupon codes may be given out to as many people as you would like. Unless you are buying a full membership package which includes a FREE year at breakawaycation.com THIS CODE CANNOT be given out and could cause automatic termination of your membership.
AGREEMENT TO SITE USE TERMS AND CONDITIONS
By agreeing to the terms of service, All members agree to the site use terms and conditions for not only the website but for each third party vendor and affiliate we work with. When looking through the inventory and you will be able to access each booking engines terms and conditions listed on each of the booking engine sites below.
Terms and Conditions-SITE USE / Software License Agreement- to be accepted by all packages
Welcome to breakawaycation.com, breakawayation.club and breakawaycard.com Web sites (the " breakaway Sites"). Please review the following basic terms that govern your use of this Site (this "Agreement"). These sites and licenses are owned by BREAKOUT ENTERPRISE LLC (Licensor and owner”) and operated/managed by and with Breakout Corporate ("Breakout Corporate INC."). Breakout Enterprises/ Breakout Corporate, grants you permission to view these Sites and access its software licenses and download and print individual pages from these Sites and, if applicable, to order services or products from these Sites for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Sites. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
Your use of these Sites and our proprietary software constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use our Sites and software licenses, you represent and warrant to Breakout Enterprise/ breakout Corporate, that you will not use these Sites or software for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use these Sites. Other than this Agreement, Breakout Enterprise, will not enter into any agreement with you or have any obligation to you through these Sites and no attempt to create such an agreement or obligation will be effective.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of this Site (including without limitation to Breakout Enterprise and its affiliates) are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by Breakout Enterprise., its affiliates and subsidiaries and others. These Sites as a whole are protected by copyright and trade dress. Nothing on these Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on theses Sites, without the prior written permission of the Intellectual Property owner. Breakout Enterprise. aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos used by any of Breakout Enterprise websites and/or affiliates, formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Sites, without prior, written permission from Breakout Enterprise. Breakout Enterprise, prohibits use of any logo of Breakout Enterprise websites or software licenses ,or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by Breakout corporate, in writing. Fair use of Breakout Enterprise Intellectual Property requires proper acknowledgment. Other product and company names mentioned in these Sites may be the Intellectual Property of their respective owners.
Unless otherwise noted, all contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled or licensed by Breakout Enterprise., one of its affiliates or by third parties who have licensed their materials to Breakout Corporate., and are protected by U.S. and international copyright laws. The compilation (meaning collection, arrangement, and assembly) of all contents on these Sites is the exclusive property of Breakout Enterprise, and is also protected by U.S. and international copyright laws.
Breakout Enterprise its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on these Sites. Access to these Sites and software license do not confer and shall not be considered as conferring upon anyone any license under any of Breakout Enterprise or any third party’s intellectual property rights. The Breakout Enterprise names, software licenses,logos and all related product and service names, design marks and slogans are the trademarks or service marks of Breakout Enterprise. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to these site do not authorize anyone to use any name, logo or mark in any manner.
This site may contain links to sites owned or operated by parties other than Breakout Enterprise. Such links are provided for your reference only. Breakout Enterprise, does not monitor or control outside sites and is not responsible for their content. Breakout Enterprise inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Breakout Enterprise inclusion of the links imply that Breakout Enterprise. is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked site.
BREAKOUT CORPORATE-Assigned by BREAKOUT ENTERPRISE, manages posting made on these sites:
Postings on these Sites are made at such times as Breakout Corporate. determines in its discretion. You should not assume that the information contained on these Sites have been updated or otherwise contains current information. Breakout Corporate does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.
THE INFORMATION AND MATERIALS IN THESE SITES ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. THESE SITES ARE OWNED BY BREAKOUT ENTERPRISES AND OPERATED BY BREAKOUT CORPORATE ., INC. ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BREAKOUT CORPORATE., INC., AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES. MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HOTELS ETC. SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. “BREAKOUT CORPORATE.” SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THESE SITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THESE SITES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER “BREAKOUT ENTERPRISE.” OR THEIR AGENTS (BREAKOUT CORPORATE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE SITES, THE MATERIALS IN THESE SITES, THE DELAY OR INABILITY TO USE THESE SITES OR OTHERWISE ARISING IN CONNECTION WITH THESE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, “BREAKOUT CORPORATE.” DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THESES SITES IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, “BREAKOUT CORPORATE.” DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. BREAKOUT CORPORATE MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THESE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
References on these Sites to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Breakout Enterprises endorsement, sponsorship or recommendation of the third party, its information, products or services. Breakout Enterprise. is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Also, if you decide to link to a third party site FROM these Sites, please be aware that your use of the third party site will be governed by such third party’s terms and policies, including any policies regarding the COLLECTION, USE AND DISCLOSURE of your personal information. It is your responsibility to review any such terms and policies before using any third party site.
You are prohibited from violating or attempting to violate the security of these Sites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Breakout Corporate. will investigate occurrences that may involve such violations and may invoke, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of these Sites or any activity being conducted on these Sites. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search these Sites other than the search engine and search agents available from Breakout Corporate. on these Sites and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).
Please note that certain orders or services constitute improper use of Breakout Enterprise and its services. We reserve the right, at our sole discretion, to refuse or cancel any order, product or service for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations may result in your order or services being canceled, including: limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order or services. We will contact you if all or any portion of your order or product service is canceled or if additional information is required to accept your order or product service. If your order or product service is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
From time to time the Site may contain articles or other information from third parties that we feel may be of interest to you. While we attempt to provide information that is accurate, we do not represent that all information contained in such articles or obtained from third parties is correct and the publishing of third-party articles shall not in any event be deemed an endorsement by Breakout Enterprise or Breakout Corporate, of the material contained therein. The opinions contained in any such article are not necessarily the opinion of” Breakout Enterprises” and “Breakout Corporate”.
Correction of Errors and Inaccuracies
The information on these Sites may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product or service description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from these Sites you may return it with the original packing receipt in accordance with our Return Policy.
You agree that this Agreement and your use of these Sites and software license are governed by the laws of the States of Delaware and Oregon, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Delaware or Oregon, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which these Site and/or this Agreement is an issue or a material fact, or (c) in which these Sites and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of these Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Breakout enterprises. has endeavored to comply with all legal requirements known to it in creating and maintaining these Sites but makes no representation that materials on these Sites are appropriate or available for use in any particular jurisdiction. Use of these Sites and licenses is unauthorized in any jurisdiction where all or any portion of these Sites and licenses may violate any legal requirements and you agree not to access these Sites or licenses in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
You agree that Breakout Corporate and Breakout Enterprises. may at any time and without notice change the terms, conditions and notices under which these Sites and licenses are offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Breakout Enterprise, as a result of this Agreement or your use of these Sites.
Breakout Enterprise’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Breakout Enterprise’s right to comply with law enforcement requests or requirements relating to your use of these Sites and licenses or information provided to or gathered by Breakout Enterprise and Breakout Corporate. with respect to such use.
This Agreement constitutes the entire agreement between you and Breakout Enterprise with respect to all software licenses and Breakout Corporate, with respect to these Sites. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Breakout Enterprise with respect to these Sites and licenses. No modification of this Agreement shall be effective unless it is authorized by Breakout Enterprise or its affiliates, or unless it is physically signed by a Breakout Enterprise or breakout Corporate officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Hotels Etc. in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Hotels Etc. in printed form.
No Purchases by Minors
By ordering a product, service or software license online from Breakout Enterprise/Breakout Corporate websites., you represent that you are at least 18 years of age or older. If a child under the age of 18 orders a product or service from Breakout enterprise/Breakout Corporate’s sites without parental or guardian permission, then the parent or guardian may return the product, software license or service for a refund according to the posted returns and exchanges policy that relate to that order.
Use of these Sites
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of these Sites (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on these Sites for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, theses Sites or any related software. All software used on these Sites is the property of Breakout Enterprise and Breakout Corporate or its suppliers and protected by U.S. and international copyright laws. The Contents and software licenses on these Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on these Sites is strictly prohibited.
You understand that by using these Sites or any services provided on the Sites, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Sites and any service at your sole risk and that Breakout Corporate and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.
Quantity Limits & Dealer Sales
You acknowledge that the purchased goods licensed or sold on these Sites, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Sites, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
User Reviews, Feedback, Submissions
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Breakout Corporate on or through these Sites or by an campaign,social media, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of these Sites (collectively, the "Comments") you grant Breakout Corporate/Breakout Enterprise a royalty-free, irrevocable, transferable right and license to use these Comments, pictures, videos or testimonials, however Breakout Corporate/ breakout Enterprise desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world.
Breakout Corporate/ Breakout Enterprises does not always review all posted , videos, testimonial, pictures and Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any such items submitted to the “Sites”. You grant Breakout Corporate/ Breakout Enterprises and its websites or affiliates the right to use the name that you submit in connection with any videos, comments, testimonial, or photos unless otherwise agreed upon. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments,videos, testimonials or pictures you submit. You are and shall remain solely responsible for the content of any the above mentioned items, you make and you agree to indemnify Breakout Corporate/ Breakout Enterprises and its affiliates for all claims resulting from any comments, videos, testimonials, or pictures you submit. Breakout Corporate/ Breakout Enterprises and its affiliates take no responsibility and assume no liability for any of these items submitted by you or any third party.
Use of Widgets Available on Our Site
You will not display Widgets on any sites or pages that:
- Promote sexually explicit material
- Promote violence or hate toward any persons or groups;
- Promote illegal activities;
- Promote alcohol, tobacco, gambling/lottery in any way;
- Promote the use of pyramid, "ponzi", or similar investment schemes;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
- Include "Breakout Corporate or its “SITES”." or variations or misspellings thereof in their domain names;
- Otherwise violate intellectual property rights of Breakout Corporate., Inc. or its suppliers; or
- Disparage Breakout Corporate Inc. and or its affiliates, or their suppliers;
THESE SITES AND LICENSES ARE PROVIDED BY BREAKOUT ENTERPRISE AND BREAKOUT CORPORATE INC ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAKOUT ENTERPRISE AND BREAKOUT CORPORATE INC. MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BREAKOUT ENTERPRISE LLC AND BREAKOUT CORPORATE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BREAKOUT CORPORATE INC, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THESE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE BREAKOUT CORPORATE WEB SITES AND BREAKOUT ENTERPRISE SOFTWARE LICENSES THAT YOUR USE OF THESE SITES AND LICENSES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BREAKOUT CORPORATE INC./BREAKOUT ENTERPRISE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OF ANY OF THE BREAKOUT CORPORATE WEBSITES , INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BREAKOUT CORPORATE INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Breakout Corporate INC/ Breakout Enterprise LLC. to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Breakout Corporate's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Breakout Corporate AND Breakout Enterprises Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Breakout Corporate AND Breakout Enterprises Designated Agent that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Breakout Corporate/ Breakout Enterprise to locate the material;
- Information reasonably sufficient to permit Breakout Corporate/ Breakout Enterprise to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Breakout Corporate's Designated Agent for notice of claims of copyright infringement can be reached as follows:
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, Breakout Enterprises shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorney's' fees, incurred by the alleged infringer or by Breakout Corporate/ Breakout Enterprise, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to Breakout Enterprises Designated Agent that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Breakout Enterprises receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Breakout Enterprises has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on v's systems.
You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorney's' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by breakout corporate, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
These Sites may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Sites, purchasing products, providing information to the Sites, and downloading software licenses or any other product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Sites.
Breakout Corporate/Breakout Enterprises specifically prohibits any use of the Sites, and requires all users to agree not to use the Sites, for any of the following:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;
- Attempting to interfere in any way with the Site's or Breakout Corporate/Breakout Enterprises networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system; and or
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
Violations of system or network security may result in civil or criminal liability. Breakout Corporate/ Breakout Enterprise will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, the following:Accessing data not intended for you or logging on to a Breakout Corporate/ Breakout Enterprises. server or account, which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of our Sites, our provision of services to any other visitors to our Sites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mailbombing" or "crashing" the Sites; and or;
Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Sites.