Terms of service

BREAKWAY INNOVATIONS TERMS OF USE

Last Updated: January 12, 2025

Welcome to https://breakaway-innovations.com (“Site”), operated by Breakaway Innovations LLC (“we,” “us,” or “our”), a Florida company located at 4142 Mariner Blvd. #149, Spring Hill, Florida 34609.

These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Breakaway Innovations LLC concerning your access to and use of the Site and related services or promotions (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.

Supplemental terms or policies may apply to specific features or promotions, and are incorporated herein by reference. We reserve the right to update or modify these Terms at any time at our sole discretion. Changes will be effective upon posting, and your continued use of the Services signifies your acceptance of such changes.

The Services are intended for users who are at least 18 years old. Persons under 18 are strictly prohibited from accessing or using the Services.

1. OUR SERVICES

Breakaway Innovations LLC provides various promotions, including sweepstakes, contests, and related activities (collectively, the “Promotions”). These Promotions are governed by the Official Sweepstakes Rules, which are incorporated into these Terms. Entry methods, eligibility criteria, prize details, and other specifics are outlined in the Official Sweepstakes Rules for each Promotion.

The Services are designed solely for lawful purposes and are not tailored to comply with industry-specific regulations (e.g., HIPAA, GLBA). If your activities are subject to such regulations, you may not use the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property

All content, materials, and functionality on the Services—including text, images, graphics, logos, software, and audio-visual content (collectively, the “Content”)—as well as all trademarks, service marks, and trade names (collectively, the “Marks”), are the sole property of Breakaway Innovations LLC or its licensors.

License to Use the Services

You are granted a non-exclusive, non-transferable, revocable license to:

Access and use the Content for personal, non-commercial purposes.
Download or print portions of the Content for your personal use, provided you do not modify or alter it in any way.

Prohibited Uses of Intellectual Property

You may not:

Reproduce, distribute, or publicly display the Content without prior written consent.
Reverse-engineer, decompile, or disassemble the Services.
Use the Marks or Content for any commercial purpose without explicit authorization.

Violations of this section may result in immediate termination of your license to use the Services and may subject you to legal action.

3. USER REPRESENTATIONS

By accessing or using the Services, you represent and warrant that:

You are at least 18 years old and legally capable of entering into binding agreements.
All information you provide to us is accurate, complete, and current.
You will comply with all applicable laws and regulations.
You will not use the Services for any illegal, fraudulent, or unauthorized purpose.
You have full authority to agree to these Terms on behalf of yourself or any entity you represent.

Violating these representations may result in termination of your access to the Services.

4. USER REGISTRATION

Certain features of the Services require account registration. By registering, you agree to:

Provide accurate and truthful information during registration.
Keep your account credentials secure and confidential.
Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that provide false information, engage in prohibited activities, or violate these Terms.

5. PURCHASES AND PAYMENTS

When making purchases through the Services, you agree to:

Provide valid and current payment information.
Authorize us to charge your chosen payment method for all fees and charges incurred.
Pay all applicable taxes, fees, and shipping costs.

All transactions are processed in U.S. dollars. Prices and terms may be subject to change without notice.

6. REFUND POLICY

Refunds may be granted under the following conditions:

Eligibility for Refunds:

Refund requests must be submitted within 15 days prior to the end date of a Promotion.
Requests must include proof of purchase or entry and a valid reason for the refund.

Processing Refunds:

Refund requests are reviewed on a case-by-case basis.
Approved refunds will be processed within 14 business days.

Non-Refundable Items:

Fees for services already rendered or entries already submitted are non-refundable unless otherwise stated.

7. SWEEPSTAKES ENTRY RULES

Participation in Promotions is governed by the Official Sweepstakes Rules, which detail:

Entry Methods: Includes online entries, mail-in submissions, or other methods specified in the rules.
Odds of Winning: Determined by the total number of eligible entries received.
Prize Redemption: Winners must comply with verification requirements, including proof of eligibility and completion of affidavits or tax forms.

Non-compliance with the Official Sweepstakes Rules may result in disqualification.

8. PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities:

Illegal Activities: Violating any applicable laws or regulations.
Disruption: Introducing viruses, malware, or harmful code that disrupts or compromises the functionality of the Services.
Unauthorized Access: Accessing or attempting to access accounts, systems, or data without authorization.
Harassment: Harassing, intimidating, or harming any other user, employee, or representative of Breakaway Innovations LLC.
Infringing Content: Uploading content that infringes on intellectual property rights or violates privacy laws.
Automated Systems: Using bots, spiders, or other automated tools to scrape or manipulate data.

We reserve the right to investigate and take legal action against violators, including terminating access to the Services.

9. USER GENERATED CONTRIBUTIONS

The Services may allow users to submit, post, upload, or otherwise share content, including but not limited to text, images, videos, feedback, or other materials (“Contributions”). By providing Contributions, you agree that:

Responsibility for Contributions:

You are solely responsible for your Contributions and the consequences of posting or sharing them.
You affirm that your Contributions do not violate any laws, third-party rights, or these Terms.

Prohibited Content:
You agree not to submit Contributions that:

Are defamatory, obscene, harassing, threatening, or offensive.
Violate intellectual property rights, privacy rights, or any applicable laws.
Contain viruses, malware, or other harmful components.

10. CONTRIBUTION LICENSE

By submitting Contributions, you grant Breakaway Innovations LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to:

Use Contributions: Access, store, process, reproduce, modify, display, distribute, and otherwise use your Contributions for operational and promotional purposes.
Intellectual Property Rights: You retain ownership of your Contributions but waive any claims related to their use under this license.

You expressly agree that we are not liable for any statements or representations in your Contributions, and you waive the right to bring legal action against us regarding such Contributions.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to third-party websites or content, such as articles, images, or applications (“Third-Party Content”).

No Endorsement:
Inclusion of Third-Party Content does not constitute endorsement or guarantee its accuracy, reliability, or completeness.
User Responsibility:
You access Third-Party Content at your own risk and are solely responsible for reviewing the applicable terms and privacy policies.
No Liability:
We disclaim all responsibility for losses or damages resulting from interactions with Third-Party Content, including purchases, reliance on information, or data breaches.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for compliance with these Terms.
Remove or disable content that violates these Terms or burdens our systems.
Restrict or terminate user access without notice for violations.
Report violations to law enforcement authorities, where necessary.
Manage the Services to protect our rights and ensure proper functionality.

13. PRIVACY POLICY

We care about your data privacy and security. By using the Services, you agree to be bound by our Privacy Policy.

Please note that the Services are hosted in the United States. By continuing to use the Services, you consent to your data being transferred to and processed in the United States.

14. TERM AND TERMINATION

These Terms remain in effect while you use the Services.

Termination Rights:
We reserve the right to terminate your access to the Services at any time, without notice or liability, for any reason, including violations of these Terms.

If your account is terminated, you are prohibited from registering a new account without our prior written consent.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to:

Modify or remove content from the Services without notice.
Suspend or discontinue all or part of the Services without liability.

We do not guarantee that the Services will be available at all times. We are not liable for interruptions due to maintenance, hardware or software failures, or unforeseen circumstances.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Breakaway Innovations LLC and its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, and directors shall not be liable for any damages, whether direct, indirect, incidental, special, consequential, exemplary, or punitive, arising out of or related to:

Indirect Damages:
Loss of profits, revenue, data, goodwill, business opportunities, or any other intangible losses, even if we were advised of the possibility of such damages.
Service Interruptions:
Delays, interruptions, errors, failures, or defects in the delivery or functionality of the Services, whether due to maintenance, technical malfunctions, or other unforeseen issues beyond our control.
Unauthorized Access:
Unauthorized access to or use of our servers or systems, including any personal or financial information stored therein, whether resulting from hacking, data breaches, or other malicious actions.
Third-Party Content:
Any errors, omissions, or liabilities arising from third-party websites, content, or services linked to or incorporated within the Services.
Force Majeure:
Events beyond our reasonable control, including acts of God, natural disasters, wars, strikes, pandemics, government actions, or failures of telecommunications or digital infrastructure.

Cap on Liability:
In no event shall our total liability for any claims arising out of or related to these Terms exceed the greater of:

$100 USD; or
The total amount paid by you to us in connection with the specific service or transaction from which the liability arises.

This limitation applies to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal or equitable theory.

17. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Breakaway Innovations LLC, its subsidiaries, affiliates, officers, directors, employees, agents, contractors, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your Use of the Services:
Any use of the Services that violates these Terms or applicable law, including unauthorized access, use of third-party accounts, or submission of false or misleading information.
Breach of Terms:
Any breach of these Terms by you or any person using your account credentials.
Violation of Rights:
Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual obligations.
User-Generated Content:
Any content or submissions you upload, transmit, or share through the Services, including claims of defamation, libel, or violation of applicable laws.
Legal Obligations:
Any failure by you to comply with legal obligations, including but not limited to taxes, reporting requirements, or regulatory compliance related to sweepstakes participation.

Our Defense Rights:
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification at your expense. You agree to cooperate fully with us in asserting any available defenses. You may not settle any claim without our prior written consent.

18. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law:
These Terms, and any disputes arising from or related to them, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Jurisdiction and Venue:
You agree that all disputes, claims, or legal proceedings arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in Tampa, Florida, within Hillsborough County. You irrevocably consent to the jurisdiction of these courts and waive any objections based on venue or inconvenient forum.

Arbitration Clause:
For disputes that cannot be resolved informally, you agree to binding arbitration conducted by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Tampa, Florida, and the language of the arbitration shall be English.

Arbitration Costs:
Each party shall bear its own costs of arbitration, except as otherwise provided by AAA rules.
No Class Actions:
Disputes shall be resolved on an individual basis only. Neither you nor Breakaway Innovations LLC may bring a claim as a plaintiff or class member in any purported class, consolidated, or representative action.
Exception to Arbitration:
Claims for injunctive or equitable relief to protect intellectual property rights or prevent unauthorized access may be brought directly in a court of competent jurisdiction in Tampa, Florida.

19. DISCLAIMER OF WARRANTIES

Services Provided “As-Is” and “As-Available”:
The Services are provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantees:
We do not guarantee:

The uninterrupted or error-free operation of the Services.
That the Services or Content will meet your expectations or requirements.
The accuracy, reliability, or completeness of any information provided through the Services.

You access and use the Services at your own risk.

20. ADDITIONAL TERMS

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from the Terms without affecting the validity and enforceability of the remaining provisions.

Entire Agreement: These Terms constitute the entire agreement between you and Breakaway Innovations LLC concerning the use of the Services and supersede any prior agreements or understandings.

No Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights under these Terms.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice or consent.

21. CONTACT INFORMATION

For inquiries, contact us at:

Breakaway Innovations LLC
4142 Mariner Blvd. #149
Spring Hill, Florida 34609
Email: privacy@breakaway-innovations.com