Terms Of Use

Breaking the Barrier Terms of Use

  These Terms of Use (“Terms”) govern your access to and use of the www.tobreak.com website (the “Website”).  You agree that by registering or by using the Website, you are entering a legally binding agreement with Breaking the Barrier, Inc., located at 63 Shirley Road, Groton, MA, 01450 (“Breaking the Barrier”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).  Your access to and use of the Website is conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Website you agree to be bound by the Agreement.

  1. Basic Terms

 You are responsible for your use of the Website and for any consequences thereof.  You may use the Website only if you can form a binding contract with Breaking the Barrier and are not a person barred from accessing the Website under the laws of the United States or other applicable jurisdiction.  If you are under 18 years of age you may only use the Website under the direct consent and supervision of your parent or legal guardian and your parent or legal guardian must accept the Agreement on your behalf.  Anyone under 13 years of age may not use or access the Website for any reason.  Please contact us if you are aware that a person under 13 is using the Website.  You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

 

The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, Breaking the Barrier may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

 

The Website may include advertisements, which may be targeted to the content or information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website is subject to change. In consideration for Breaking the Barrier granting you access to and use of the Website, you agree that Breaking the Barrier, third party providers and partners may place such advertising on the Website or in connection with the display of content or information from the Website whether submitted by you or others.

 

  1. Privacy

Any information that you provide to Breaking the Barrier is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Breaking the Barrier. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website and your Breaking the Barrier account, which you may not be able to opt-out from receiving.

 

  1. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Website and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Breaking the Barrier account.  Breaking the Barrier cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

  1. Breaking the Barrier Rights

All right, title, and interest in and to the Website and any content available on the Website are and will remain the exclusive property of Breaking the Barrier and its licensors. The Website and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Breaking the Barrier reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Breaking the Barrier, or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

  1. Restrictions On Use Of The Website

We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.

 

You may not do any of the following while accessing or using the Website: (i) access, tamper with, or use non-public areas of the Website, Breaking the Barrier's computer systems, or the technical delivery systems of Breaking the Barrier providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Breaking the Barrier (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Breaking the Barrier (NOTE: scraping the Website without the prior consent of Breaking the Barrier is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website.

 

You agree not to post any content on the Website that is:

 

  • Harassing Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Is a direct and specific threat of violence to others;
  • Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
  • Is furtherance of illegal activities; or
  • Is abusive, or constitutes spam.

 

  1. Ending These Terms

The Terms will continue to apply until terminated by either you or Breaking the Barrier as follows.

 

You may end your legal agreement with Breaking the Barrier at any time for any reason by deactivating your accounts and discontinuing your use of the Website. In order to deactivate your account, please contact us at [info@tobreak.com]. 

 

We may suspend or terminate your accounts or cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Website the next time you attempt to access your account.

 

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website, except those Sections you would expect to survive termination.  

 

Nothing in this section shall affect Breaking the Barrier's rights to change, limit or stop the provision of the Website without prior notice, as provided above.

 

  1. Disclaimers, Limitations Of Liability and Indemnity

Please read this section carefully since it limits the liability of Breaking the Barrier and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Breaking the Barrier Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

 

  1. The Website is Available “AS-IS”

Your access to and use of the Website is at your own risk. You understand and agree that the Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BREAKING THE BARRIER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

Breaking the Barrier Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Website; (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Breaking the Barrier Entities or through the Website, will create any warranty not expressly made herein.

 

  1. Links

The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Website on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Breaking the Barrier Entities of such websites or resources or the content, products, or Website available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BREAKING THE BARRIER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BREAKING THE BARRIER ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BREAKING THE BARRIER, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE WEBSITE GIVING RISE TO THE CLAIM.

 

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BREAKING THE BARRIER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

  1. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Breaking the Barrier Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms and (2) any activity in which you engage on or through the Website.

  1. GENERAL TERMS. Waiver and Severability

The failure of Breaking the Barrier to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

  1. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Massachusetts without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Website will be brought solely in the federal or state courts located in Middlesex County, Massachusetts, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

  1. Entire Agreement

 

These Terms and our Privacy Policy and the Terms of Sale (if applicable) are the entire and exclusive agreement between Breaking the Barrier and you regarding the Website (excluding any service for which you have a separate agreement with Breaking the Barrier that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Breaking the Barrier and you regarding the Website.

 

We may revise these Terms from time to time, the most current version will always be at www.tobreak.com/terms-of-use. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Website. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.

 

If you have any questions about these Terms, please contact us.

Effective: 8/1/2018.