Terms
Terms and Conditions
This Agreement outlines the Terms and Conditions that govern your access to and use of the services provided on our website (“Online Services”) as well as the materials available within them (“Materials”).
1. Acceptance of Terms
By using the Online Services or Materials, you agree to be bound by these Terms and Conditions. If you do not accept these Terms, you may not use the Online Services or Materials. If you are not authorized to agree on behalf of yourself or your organization, please select the “I do not accept” option. Misuse of the Online Services may result in termination of access, blocking of future use, and/or other legal remedies deemed necessary.
The Company reserves the right to update or change these Terms at any time. Any changes become effective immediately upon posting. Continued use of the Online Services and Materials will be considered your acceptance of those changes.
3. Mandatory Arbitration
These Terms include a Mandatory Arbitration Clause requiring that you resolve disputes with the Company, its affiliates, advertisers, and marketing partners through individual arbitration rather than in court.
You may opt out by submitting written notice within 30 days of registering on breekwell.com.
4. License and Usage Restrictions
Except as permitted, you may not distribute, copy, license, modify, or create derivative works of the Online Services, Materials, or related software without prior written consent.
- You are granted a limited, non-exclusive, non-transferable license to use the Online Services and Materials.
- Downloading, storing, reproducing, or transmitting Materials is only allowed through approved print/download commands.
- All ownership rights remain with the Company.
- You must not violate copyrights, intellectual property rights, or remove copyright notices.
5. Access to Services
- Only registered subscribers may use the Online Services.
- Access may vary depending on location.
- Features and Materials may change, be added, or removed at any time without prior notice.
6. Company Representations and Limited Warranty
The Company affirms it has the right to provide the Online Services and Materials. The Company complies with the CAN-SPAM Act of 2003 and other applicable laws.
Disclaimer of Warranties
- The Company makes no guarantees about accuracy, income claims, or the quality of advertising. Remedies are limited.
- Testimonials provided by third parties are not guaranteed to be accurate.
- Except where stated, the Online Services and Materials are provided “as is” without warranties of any kind.
7. Your Responsibilities
You agree not to use the Online Services for unlawful purposes or in ways that infringe on the rights of others. You warrant that any payment details you provide are valid and properly authorized.
8. Limitation of Liability
The Company and its affiliates (“Covered Parties”) are not responsible for losses or damages caused by errors, interruptions, or failures in the Online Services.
“Covered Party” includes breekwell.com, its affiliates, employees, agents, subcontractors, and successors. “The Company” means breekwell.com.
The Company’s total liability will not exceed the actual direct damages you incur. Covered Parties are not liable for indirect, incidental, or consequential damages of any kind.
9. Miscellaneous
- Fees and Payment: Fees and payment terms may be updated; continued use constitutes agreement.
- Termination: Access may be revoked if you breach these Terms.
- Notices: Official notices may be delivered via mail, posted on the Online Services, or sent directly to you. Notices to the Company should be addressed to: support@breekwell.com.
- Waiver: Failure to enforce any part of these Terms does not waive the Company’s rights.
- Severability: If any clause is found unenforceable, the remaining Terms remain valid.
- Assignment: You may not transfer your rights or obligations without prior consent.
- Governing Law: These Terms are governed by the laws of Pennsylvania and Montgomery County.
10. User Inactivity
Accounts inactive for more than 180 days (6 months) will be deactivated, and any earnings will be forfeited.