Terms of Use
The following terms and conditions of use apply to all visitors to or users of the businessbreakthroughs.com website (the "Site").
By visiting the Site, you accept without limitation or qualification these terms and conditions. Business Breakthroughs International ("BBI" or “we”) reserves the right to change these rules and regulations from time to time at its sole discretion. Your continued use of the Site following the posting of changes means that you accept and agree to the changes and are bound by any such revisions. You should therefore periodically visit this page to review the current rules and regulations. In the case of any violation of these rules and regulations, we reserve the right to suspend or terminate your access to the Site without notice, as well as all other remedies available to it by law for such violations. These rules and regulations apply to all visits to this Site.
You should also review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
Limited License
All materials contained on this Site are the copyrighted property of BBI. BBI authorizes you to copy materials published by us on this Site solely for your personal, non-commercial use. No other use of the information is authorized. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by BBI. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of BBI or any third party. Any unauthorized use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law or these Terms of Use.
User Information
In order to access or use some (or potentially all) of the features of this Site, you may need to become a registered user. The decision to become a registered user is optional; however, if you elect not to register with the Site, you understand that you may not be able to access or use certain features of the Site. You may access the Site only by using your account information, and you are responsible for safeguarding and maintaining the confidentiality of your account information.
You agree to (i) provide accurate, current and complete information about you as may be prompted by any forms for the Site (“Personal Information”); (ii) maintain and promptly update the Personal Information and any other information you provide to us, to keep it accurate, current and complete; (iii) maintain the confidentiality of your account information; and (iv) accept full responsibility for all consequences of all actions initiated and all conduct that occurs under your account. BBI’s information collection and use policies with respect to User Information are set forth in BBI’s Privacy Policy which is incorporated herein by reference for all purposes.
Submissions
Should you provide BBI with information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or the content of any item, such information shall be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. In addition, BBI shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, BBI shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, advertising, promoting, developing, manufacturing and marketing its products. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by BBI’s Privacy Policy.
You are solely responsible for the content of any comments you make. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and we are not responsible for any such materials posted by users. You agree that no comments submitted by you to this Site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; or (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this Site by you.
Images of People and Places
Images of people or places displayed on the Site, if any, are either the property of, or used with permission by, BBI and any unauthorized use of them may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. In other words, you may not use anything on our site without our written permission.
Other Intellectual Property
The trademarks, copyrights, logos, service marks and other protectable intellectual property (“Marks”) displayed or heard on this Site are the property of or licensed to Business Breakthroughs International. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site without the prior written permission of BBI.
Product Availability
Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact us or your local sales representative for information as to products available in your country.
Purchases
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests and promotions, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. BBI may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
Product Specifications; Shipping
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, colors, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
We do not permit our merchandise to be purchased for resale purposes. If we determine that an order appears to have been placed by a dealer, reseller or distributor, we may limit or prohibit it. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number you supplied when the order was made.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with applicable shipping restrictions. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Linking to This Site
Creating or maintaining any link from another web site to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.
Links to Other Web Sites
BBI makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non-BBI web site, please understand that it is independent from us and that we have no control over the content on that web site. A link to a non-BBI web site does not mean that we endorse or accept any responsibility for the content or use of such web site.
General Disclaimer
Although we have attempted to provide complete and accurate information on the Site, BBI assumes no responsibility for the accuracy of information provided herein. We reserve the right to (i) modify, suspend or terminate the operation of or access to the Site, (ii) change the Site, its programs or products mentioned, or (iii) discontinue or interrupt the operation of the Site for required maintenance. Mention of any products or services on the Site is for informational purposes only and does not constitute an endorsement or a recommendation of the product or service.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BBI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR OTHER MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BBI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BBI DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE. BBI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AVAILABLE ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT BBI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BBI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY DOWNLOADED MATERIALS, EVEN IF BBI OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BBI'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO BBI, IF ANY, FOR PRODUCTS PURCHASED ON THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold us, and all of our officers, directors, owners, agents, employees, affiliates, subsidiaries, licensors and licensees (collectively, the “Indemnified Parties”) harmless for and against any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Compliance with Applicable Laws; Export Control Laws
All information contained on this Site is intended for the United States market. This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including, but not limited to, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.
Termination
This agreement to be bound by these Terms of Use is effective unless and until terminated by either you or BBI. You may terminate this Agreement at any time by no longer using this Site, provided that all prior uses of this Site shall be governed by this Agreement. BBI may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in BBI's sole discretion for any reason, including your failure to comply with any provision of this Agreement. Upon any termination of this Agreement by either you or BBI, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Governing Law
These rules and regulations shall be construed in accordance with the laws of the State of California, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any jurisdiction other than California. Any action seeking legal or equitable relief arising out of or relating to this Site will be brought only in the courts of the State of California, County of Los Angeles, or in the United States District Court for the Central District of California.
Severability
If any provision of these Terms of Use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Contact Us
If you have any questions, comments or concerns about our Site or these Terms of Use, you may contact us.
This Terms of Use statement was last updated on May 04, 2011.
©2011 Business Breakthroughs International