Rules of Interpretation
This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Terms, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms Policy or the remaining portions of this Arbitration Agreement, except that:
The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and
If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.
Notice of Claim; Right to Resolve; Special Payment
Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.
Governing Law
The parties agree that the laws of the State of Colorado, United States of America, without regard to principles of conflict of laws, will govern these Terms and/or any dispute of any sort that might arise between you and Breakthrough Broker or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
Your consent to future changes
You agree that we may change the website, these Terms of Use, and our Privacy Policy at any time. If we change these Terms of Use or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. You should review our Terms of Use and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms of Use or Privacy Policy will expressly reaffirm your express written consent to the Terms of Use, and acceptance of the changes. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at Support@BreakthroughBroker.com or at this address: Breakthrough Broker, 3457 Ringsby Court, Unit 212, Denver, CO, 80216. The opt-out shall be effective 10 days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms of Use in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.
Types of Information Collected
The Company, and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Web Properties, may collect two types of information when you visit the Web Properties: Personal Information and Usage Information. Generally, you can visit the Company's websites without entering any Personal Information. In certain cases, we may ask you for personal information to provide a service or carry out a transaction that you have requested.
Personal Information: The types of information we collect may include, among other things, the following categories of information (collectively, “Personal Information”):
• contact information (e.g., name, title, company/organization name, email address, telephone and facsimile numbers, and physical address)
• demographic information, such as date of birth, nationality and country of residence, which allows us to determine your eligibility under certain regulations to receive certain information;
• information about your company and job function
• your email marketing preferences
• inquiries about and orders for our products and services
• event registration information
• feedback from you about the Web Properties and our products and services generally
• financial information, such as bank account and credit/debit card numbers
• other information specific to you
You are not required to provide any of this information, but if you choose not to provide certain information, we may not be able to provide the requested service or complete your transaction.
Usage Information: The types of usage information we collect may contain generic information about your visit to the Web Properties, such as the following categories of information (collectively, “Usage Information”):
• Internet Protocol (or IP) address, protocol and sequence information
• browser language and type
• domain name system requests
• operating system and platform, device type and device identifiers
• hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data
• MAC address, device ID / UDID, or similar device - specific code
We do not link the above information to your identity or a user account for use in connection with the Web Properties (your “User Account”), unless you enter the site with a User Account or are logged into your User Account at the time you visit the site.
On sites that you enter with a User Account, we may connect your browsing history (including time spent at the Web Properties, time and date of your visit, links you click), number of bytes transferred, the material and pages you accessed, the number of clicks, and other actions taken at a Web Property (all of which are also Usage Information) with your identity to determine your potential interests in our products and services.
How Information Is Collected
We may collect Personal Information and Usage Information about you from the following sources:
• information we receive from you as a result of your use of our services
• information we receive from you, or on your behalf, through forms you complete, or through your communication to us (for example, an inquiry about a property, to sign up for our mailing list, or to receive our mailings, newsletter or updates)
• information we receive from you through the Web Properties, such as when creating a User Account
• information we receive from your computer or mobile device
• information we receive from our partners or service providers
• information we receive from other sources, as permitted by applicable laws, rules and regulations
• information we receive from you, even if we have not requested such information and the information is not information that we normally collect.
Cookies: From time to time, we may use “cookies” to keep track of your visit and use of the Web Properties. Cookies are small files that websites save to your hard disk or to your browser's memory. We may use them to track the number of times you have visited the site, to track the number of visitors to the site, to determine and analyze visitors' use of our sites (including the effectiveness of online advertising), to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your User Account, elements of your user profile, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you may not fully be able to experience the features of the Web Properties.
Web Analytics: The Company uses industry standard web analytics to track web visits.
Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may include web beacons in promotional email messages or Newsletters in order to determine whether messages have been opened and acted upon.
Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.
Use of Collected Information
Information collected by us may be used for the following main purposes:
• Web Properties Operation and Improvement: We may use your information to (a) improve Web Properties and related products or services, or to make the Web Properties easier to use (for example, by eliminating the need for you to repeatedly enter the same information), (b) setting up and managing your User Account, including processing your requests for information; (c) providing support, products or services to you, and/or (d) customizing the Web Properties to your particular preference or interests.
• Services and Transactions: We and our third party service providers may use your personal information to deliver services or carry out transactions you have requested or in which you may be interested.
• Communications: We may use your personal information gathered via the Web Properties to inform you of products or services available from us, as you agreed to and as described further above, and in our Terms of Use. We and/or any of our third-party service providers may send you information about existing and new services, products, and special offers, by email, telephone, mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers. In order to offer you a more consistent experience in your interactions with us, information collected by our Web Properties may be combined with information we collect by other means. Each advertising email communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within 10 business days.
• Employment Applications: In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout the Company and its controlled subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so.
This Privacy Policy is not intended to place any limits on what we can do with information that is aggregated or de-identified so it is no longer associated with an identifiable user of the Web Properties.
Disclosure of Your Information
Except as described below, the information you provide to the Company through the Web Properties will not be shared outside of the Company affiliates without your permission.
Disclosure to Service Providers and Customers
We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the products and services of our trusted business partners. We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner. These parties may store some or all of your information on servers outside of the United States. The use of your information by one of our trusted business partners may be subject to that party’s own privacy Policy.
Transfers of Information
We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets. We cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above-described proceedings. Furthermore, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.
We may also disclose your Personal Information with your permission or as directed by you.
Security
We are committed to protecting the security of your personal information. We use technical, administrative and physical security measures designed to protect your personal information from unauthorized access, use, or disclosure.
You are ultimately responsible for ensuring the security of your username, password and User Account information from unauthorized access, use or disclosure to others. When using the Web Properties, you are not permitted to circumvent the Web Properties’ security features.
You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session. While we use technologies and procedures designed to protect your confidential information and provide suitable security, please be aware that no security measures are perfect or impenetrable. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
Reviewing and Correcting Your Personal Information
You can make a request to review and correct your Personal Information collected via the Web Properties by completing our “Contact Us” form or, if you have a User Account, by accessing your User Account. We may take steps to verify your identity before providing you access to your Personal Information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or email address.
Children's Information
The Web Properties are not intended for or designed to attract children under the age of thirteen (13). By using the Web Properties, you affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.
Links to Other Sites
The Web Properties may now or in the future contain links to other sites such as Breakthrough Broker affiliates, professional organizations, and third party businesses that advertise on the Web Properties. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. Other than under agreements with certain reputable organizations and companies (such as certain third party advertisers on the Web Properties), and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties links, although we may share aggregate, non-personally identifiable information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.
International Users
If you are visiting us from outside the United States, please note that we may collect, transfer, and continue to use your Personal Information outside of your country and within the United States for any of the purposes described in this Privacy Policy. By using the Web Properties and providing us with your Personal Information, you consent to our collection, transfer, and continued use of your Personal Information in accordance with this Privacy Policy.
Choices with Your Personal Information
Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, in the event this information is essential for us to provide certain services to you, we will be unable to provide you with those services if you choose to withhold requested information.
You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by email at Support@BreakthroughBroker.com. We will undertake reasonable efforts to notify third parties with whom we have shared your Personal Information as permitted under this Privacy Policy of your election to opt out. There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities, if any).
To obtain this information, please send an email message to Support@BreakthroughBroker.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
For additional rights as a California consumer, please visit Breakthrough Broker’s California Privacy link.
For Colorado Residents:
For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, please call (800) 682-4661, or email Support@BreakthroughBroker.com.
“Do Not Track” Signals
Note that your browser settings may allow you to transmit automatically a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Company currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.
If you have additional questions or comments or would like to access your Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to:
Breakthrough Broker
3457 Ringsby Court, Unit 212
Denver, CO 80216
Phone: 1 (800) 682-4661
Email: Support@BreakthroughBroker.com
Effective as of: July 1, 2023
Last updated: July 1, 2023