alliance-cake4.breakthroughbroker.com
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URL:
https://alliance-cake4.breakthroughbroker.com/
Submission: On March 14 via api from US — Scanned from US
Submission: On March 14 via api from US — Scanned from US
Form analysis 5 forms found in the DOM
Name: form — POST
<form name="form" action="" method="post">
<input type="hidden" name="transactionhidden_value" id="transactionhidden_value">
<input type="hidden" name="trans_loghrefvalue" id="trans_loghrefvalue" value="https://alliance-cake4.breakthroughbroker.com/">
<input type="hidden" name="selected_transalert" id="selected_transalert">
</form>Name: headsearchform — GET https://alliance-cake4.breakthroughbroker.com/search
<form action="https://alliance-cake4.breakthroughbroker.com/search" name="headsearchform" id="headsearchform2" method="GET">
<input type="hidden" name="trans_searchclickvalue" id="trans_searchclickvalue">
<input type="text" class="form-control input-sm custom_textbox_header header_search_txt displayinline" id="header_search_txt2" placeholder="" name="s" value="" autocomplete="off">
<img src="/img/site_specific/alliance/searchbtn.png?v=1.3330588" alt="Search" class="displayinline custom_search_icon_header ptr" onclick="$j("#headsearchform2").submit();">
</form>POST /users/login
<form method="post" accept-charset="utf-8" id="landing-page-login-form" autocomplete="off" action="/users/login">
<div class="row">
<div class="col-lg-12 col-md-12 col-sm-12 pad_remove">
<div class="login_flex">
<div class="flex_align">
<div align="center" class="logo-alliance"> <img src="https://alliance-cake4.breakthroughbroker.com/img/site_specific/alliance/layout/homebanner_logo_new.png?v= . '1.3330588'" alt="Alliance Marketing Center" class="img-responsive" style="width: 291px !important;
height: 116px !important;margin-bottom:0px !important;"></div>
<div class="login_text">Login to continue</div>
<div style="color:red;font-weight:bold;display:none;" id="SessionExpiryId">Session expired, login again!</div>
<div class="Email">Email Address</div>
<div class="input-group-new form-group-new error-toggle email-text" style="box-shadow:none !important;">
<input type="input" name="username" id="UserUsername" readonly="readonly" onmouseover="this.removeAttribute("readonly")" onfocus="enableField(this)" tabindex="1" autocomplete="off"
class="form-control logintxtcls loginusername loginformwidth" placeholder="Your Email" maxlength="255" style="border-radius: 8px;background: #EBEBEB;font-size:12px;box-shadow: none;">
</div>
<div class="validate-warning warn-login-email"></div>
<div class="clear" style="height: 25px;"></div>
<div class="Email">Password</div>
<div class="input-group form-group-new error-toggle pass-text" id="pass-text1">
<input type="password" name="passwordtest" id="UserPasswordtest" readonly="readonly" onmouseover="this.removeAttribute("readonly")" class="form-control logintxtcls loginformwidth" placeholder="Your Password"
onfocus="enablesField(this)" autocomplete="off" tabindex="2" maxlength="255" style=" border-width: 1px !important;
background: #EBEBEB;border-bottom-left-radius:7px; box-shadow: none;border-top-left-radius:7px;color:#000;">
<div class="input-group-addon header-show-password" title="show password" style="background-color: #EBEBEB;box-shadow: none !important;border: none !important;text-align: -webkit-center; pointer-events: none; width:1% !important;">
<img src="https://alliance-cake4.breakthroughbroker.com/img/site_specific/alliance/layout/eye.svg" alt="Alliance Marketing Center" id="eye_icon_img" style="width: 20px !important;
height: 20px !important;display:block;pointer-events: fill;"> <img src="https://alliance-cake4.breakthroughbroker.com/img/site_specific/alliance/layout/eye_close.svg" alt="Alliance Marketing Center" id="eye_close_icon_img" style="width: 20px !important;
height: 20px !important;display:none;pointer-events: fill;">
</div>
</div>
<div class="validate-warning warn-btn-login"></div>
<div id="loginerrordivimage">
<div style=" font-family: 'Poppins-Regular'; font-style: normal; font-weight: 400; color: #454545 !important;
margin-top: 8px; width: 100%; display:none; margin-left: 1px;font-size: 10px;text-align: center;" class="imageid" id="loginerrordiv">
</div>
</div>
<div class="clear" style="height: 30px;"></div>
<div class="paddzero" style="width:100%;" id="login_btn_div"><input id="login-button" class="loginButton" style="border-radius: 8px;width: 100% !important;border: 1px solid #AB8524;font-family: 'Poppins-Bold';
text-indent: 12px;font-size: 24px !important;" tabindex="4" onclick="return landingpageloginFormvalidation()" type="submit" value="Log In"></div>
</div>
<div class="clear" style="height: 15px;"></div>
<div class="password">
<input type="hidden" name="data[User][remember]" id="UserRemember1" value="0">
<input type="checkbox" name="data[User][remember]" checked="checked" value="1" id="UserRemember" style="opacity:0;display:none;">
<div style="width: 45%; text-align: left;"> <img src="https://alliance-cake4.breakthroughbroker.com/img/un_check_Checkbox.svg" class="ptr img-responsive" id="UserRemember_img" border="0"
onclick="$j("#UserRemember").trigger("click")" alt="Remember Me" title="Remember Me"
style="display:inline-block;width:20px !important;height:20px !important;margin-bottom: -6px !important;vertical-align:middle !important;"> <label for="UserRemember" class="rem_me" style="font-weight: 600;font-family: 'Poppins-Regular';
color: #454545;cursor: pointer;vertical-align: sub;padding-left: 3px;margin-bottom:0px !important; line-height: 25px !important;">Remember Me</label></div>
<div style="width: 65%;text-align: end;"><a id="landing-page-btn-recover-pwd" class="" tabindex="5"> <span style="color: #454545 !important; cursor: pointer;">Forgot Your Password?</span></a></div>
</div>
<div class="terms">
<div class="validate-warning warn-btn-login"></div>
<div class="clear" style="height: 30px;"></div>
<div style=" font-family: 'Poppins-Regular';color: #696969; width: 100%;font-weight: 400;height: 20px;" id="con-text">By signing in, you agree to the
<a href="https://alliance-cake4.breakthroughbroker.com/terms-and-conditions" target="_blank" style="color:#AB8524 !important;">Terms & Conditions</a>,
<a href="https://alliance-cake4.breakthroughbroker.com/privacy-policy" target="_blank" style="color:#AB8524 !important;">Privacy</a> and </div>
<div style=" font-family: 'Poppins-Regular';color: #696969; width: 100%;font-weight: 400;height: 20px;" id="con-text">
<a href="https://alliance-cake4.breakthroughbroker.com/caprivacynotice" target="_blank" style="color:#AB8524 !important;">CA Privacy </a>policies. </div>
</div>
</div>
</div>
</div>
</form>POST /users/forgot-password
<form method="post" accept-charset="utf-8" id="landing-page-forgot-password-form" style="display:none;width:65%;" action="/users/forgot-password">
<div class="clear" style="height:10px;"></div>
<div class="input-group form-group">
<div style=" color: #454545;
line-height: 24px;
font-weight: 400;
text-align: left;
font-size: 16px;
font-family: 'Poppins-Regular';">Email Address</div>
<div class="input-group-new form-group-new" style="box-shadow:none !important;">
<input type="input" name="username" class="form-control logintxtcls autofocus forgotusername fntcolor reset-text" id="username" style=" border-radius: 8px;
height: 60px !important; font-family: Poppins-Regular;font-weight:400;background:#EBEBEB !important;
box-shadow: none;" placeholder="Your Email" tabindex="1" maxlength="255">
</div>
<div class="validate-warning warn-login-email"></div>
<div class="clear" style="height: 10px;"></div>
<div class="validate-warning warn-recover-pwd-email" id="forgot_errormessage" style="margin-top:5px;margin-bottom:-10px;text-align:right;color:red;"></div>
<div class="validate-success success-recover-pwd-email" id="forgot_successmessage" style="margin-top:5px;margin-bottom:-5px;color:green"></div>
<div class="recover-pwd-dialogue-btns col-xs-12 col-sm-12 col-md-12 col-lg-12 paddzero" align="center">
<div class="submit-holder col-xs-12 col-sm-12 col-md-12 col-lg-12 paddzero" style="margin-top:15px;text-align:center;" align="center">
<button type="button" label="Reset Password" id="reset_password_link_btn" tabindex="2" class="signbtn1 form-control login-buttons" style="width: 100% !important;height: 60px !important;
border: 1px solid #AB8524 !important;line-height: 50px !important;font-family: 'Poppins-Bold' !important;border-radius: 8px !important;font-size: 24px !important;">Reset Password</button>
</div>
</div>
<!-- <div class="col-xs-8 col-sm-8 col-md-8 col-lg-8 paddzero" style="width:100%;">
<input id="reset_password_link_btn" style="border-radius: 8px;width: 100% !important;height: 50px !important;border: 1px solid #AB8524;background-color:unset; font-family: 'Poppins-Bold';
text-indent: 12px;
color: #AB8524;
font-size: 18px !important;" tabindex="4" type="submit" value="Reset Password"> -->
<!-- <input id="landing-page-btn-recover-pwd" class="login-buttons btn-primary btn form-control" tabindex="5" type="button" value="Forgot Your Password?" style="margin-left:5px;"> -->
<!-- </div> -->
<div class="clear" style="height: 25px;"></div>
<div style="text-align:center;margin-bottom: 65px;color:#AB8524 !important;" class="col-xs-12 col-sm-12 col-md-12 col-lg-12 paddzero">
<!--<button type="button" label="Reset Password" class="btn-primary btn form-control login-buttons" style="padding-left:5px;padding-right:5px;margin-top:5px;height:auto;"><a class="return-to-login" href="javascript:void(0)"><div style="color:white;">Remember your password? sign in</div></a></button>-->
<a style="color: #AB8524 !important;cursor: pointer; font-weight:400; font-family: 'Poppins-Regular' !important;" class="return-to-login" href="javascript:void(0)"><span style="color: #AB8524 !important;">Remember
your password? <span style=" font-size: 15px;color: #AB8524 !important; font-family: 'Poppins-Bold' !important;font-weight:700;">Sign
In</span></span></a>
</div>
</div>
</form>Name: AffiliateAssignForm —
<form name="AffiliateAssignForm" id="AffiliateAssignForm" method="" enctype="multipart/form-data">
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12 height20"></div>
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12" style="max-height: 292px;overflow: auto;">
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12">
<div class="col-lg-1 col-md-1 col-sm-1 col-xs-12 paddzero" align="center" style="margin-top: 19px;">
<img src="/img/icon/unselect_circle.png" alt="icon" id="affiliatedatasel1" onclick="affiliateselection(this.id)" data-select="" class="ptr headprofilecls Affiliateselect">
</div>
<div class="visible-xs col-xs-12 height10"></div>
<div class="col-lg-8 col-md-8 col-sm-8 hidden-xs affiliatename">
<span style="font-weight:normal">General Site Advertising</span>
</div>
<div class="visible-xs col-xs-12 affiliatename" style="text-align:center;">
<span style="font-weight:normal">General Site Advertising</span>
</div>
<div class="col-lg-2 col-md-2 col-sm-2 col-xs-12 paddzero" align="center" style="margin-top:9px;">
<img src="" id="affiliatetick1" class="affiliate_tick img-responsive">
</div>
</div>
<div class="col-lg-12 col-md-12 col-sm-12 col-xs-12">
<hr style="border-top: 1px solid #eee;background: none;">
</div>
</div>
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12 height10"></div>
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12">
<input type="hidden" name="AffiliateIdData" id="AffiliateIdData" value="">
<input type="button" value="Submit" id="AffiliateSave" class="AffiliateSavebtn">
<div class="affiliate-msg"></div>
<div class="col-lg-12 col-md-12 col-xs-12 col-sm-12 height10"></div>
</div>
</form>Text Content
LOG IN
Login to continue
Session expired, login again!
Email Address
Password
Remember Me
Forgot Your Password?
By signing in, you agree to the Terms & Conditions, Privacy and
CA Privacy policies.
Email Address
Reset Password
Remember your password? Sign In
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Manage Contents
CHOOSE AFFILIATE
CHOOSE AFFILIATE
PLEASE CHOOSE AN ADVERTISER
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General Site Advertising
General Site Advertising
--------------------------------------------------------------------------------
Terms and Conditions
Please review and agree to the terms and conditions outlined below before
accessing the marketing center.
Terms and Conditions
The Breakthrough Broker services are comprised of various web pages, mobile
sites and applications (collectively “Site”) operated by Breakthrough Broker,
LLC ("Breakthrough Broker", “we”, “us” and “our”). The Site, services and
content, including any applicable Custom Marketing Center(s) or Title
Advertising Program, (collectively “Services”) are offered to you (“user”,
“you”, “your”, “me” and “I”) conditioned on your acceptance without modification
of these Terms and Conditions (“Terms and Conditions”), contained herein. In
addition to our Terms and Conditions, we maintain other terms, policies and
agreements that supplement these Terms and Conditions. These Terms and
Conditions, including but not limited to our Privacy Policy, Service-Specific
Terms and applicable subscription agreements (collectively, “Terms”) shall
govern your use of the Services and are incorporated herein.
In addition to our Terms and Conditions, we maintain other terms, policies and
agreements that supplement these Terms and Conditions. These Terms and
Conditions, including but not limited to our Privacy Policy, Service-Specific
Terms, Intellectual Property Agreement, and applicable subscription agreements
(collectively, “Terms”) shall govern your use of the Services and are
incorporated herein.
Service-Specific Terms
Please read our additional Service-Specific Terms that shall apply to the
Services listed below ("Service-Specific Terms"). Where there is a difference
between the Terms and Conditions and these Service-Specific Terms, the
Service-Specific Terms shall take precedence.
Breakthrough Broker Plus accounts are subject to our Breakthrough Broker Plus
Terms of Use. Automated Marketing Package (“AMP”) and MLS Look Up are subject to
our AMP/MLS Look up Terms of Use. Property Showcase Services are subject to our
Property Showcase Terms of Use. Printing Services are subject to our Printing
Services Terms of Use. Mailing Services are subject to our Mailing Terms of Use.
Translation Services are subject to our Translation Terms of Use. Single Sign On
Services are subject to our Single Sign On Terms of Use. Data Fill Services are
subject to our Data Fill Services Terms of Use.
BY LOGGING INTO THE SITE OR UTILIZING THE SERVICES VIA DESKTOP COMPUTER, MOBILE
WEB ACCESS OR MOBILE APPLICATION, OR BY ANY OTHER MEANS, YOU ARE INDICATING YOUR
ACCEPTANCE OF, AUTHORITY TO BIND AND AGREEMENT TO BE LEGALLY BOUND BY THESE
TERMS.
YOU MAY NOT USE THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.
Your Account and License Grant
1. Your Account
Your use of the Services may require you to login or maintain a user account,
which may be, controlled or issued by a third party with whom you have a
relationship. Your use of the Services may be provided in connection with an
agreement entered into between Breakthrough Broker and a Breakthrough Broker
client, such as a real estate brokerage, agency or other business that you have
a business relationship or agreement with and who has entered into an agreement
with Breakthrough Broker to offer Services (“Breakthrough Broker Client”). You
acknowledge and agree that Breakthrough Broker and Breakthrough Broker Client:
(a) may have access to your use of the Services and Your Content, as defined
below; (b) may have the right to create, monitor and control your user logins,
passwords and accounts and your access or denial, suspension or termination of
access to the Services; (c) you hereby consent and authorize Breakthrough Broker
and Breakthrough Broker Client to have all such rights and access as set forth
in this section; and (d) you hereby consent and authorize Breakthrough Broker
and Breakthrough Broker Client to have all such rights and access as set forth
in this section, including but not limited to the right to verify your
eligibility to use the Services, including providing any required Multiple
Listing Service (“MLS”) or Realtor® association membership(s), usernames or
passwords. When you provide your membership or National REALTOR® Database System
number to access certain Services provided by a Breakthrough Broker Client, you
authorize Breakthrough Broker to provide that information to required third
parties, such as Breakthrough Broker Client, third-party vendors, MLS or
Realtor® associations. We will transmit your information to the required third
parties to verify your eligibility to receive the requested materials and
access.
Breakthrough Broker shall have the right to monitor use of the Services,
including but not limited to the review all activity and the content and
materials uploaded by you or others, including but not limited to Your Content,
for the purpose of determining compliance with these Terms, as well the right to
remove or refuse any information for any reason in accordance with applicable
law, and to use data collected therefrom for any other purposes. Notwithstanding
these rights, you and any associated Breakthrough Broker Client remain jointly
and severally liable for Your Content. You shall take all steps necessary to
protect your login(s) and password(s), to safeguard the security and integrity
of the Services, and to protect against unauthorized access and use. You shall
immediately notify Breakthrough Broker of any violation of the foregoing. Any
access to the Service using your login and password shall be deemed access by
you. Breakthrough Broker has no liability for or relating to any disputes
between you and any Breakthrough Broker Client or user or for Breakthrough
Broker and Breakthrough Broker Client’s access or use of the Services or Your
Content. Breakthrough Broker may maintain, correct and modify, and may upgrade
and/or update the Services at any time in its discretion with or without notice
to you.
2. License Grant We grant you a limited non-transferrable, non-exclusive right
to access and to use the Services, for your own personal, individual and
internal real estate and professional service activities as expressly authorized
under these Terms. No right to copy, modify, sub-license or sub-let is granted
under these Terms.
Use of Site/Services
Intended Use
The Services are intended to be used solely for the following permissible
purposes: providing relevant real estate data to consumers, and marketing and
advertising your professional services (collectively “Intended Use”).
Prohibited Activities
You agree that you will not do any of the following when utilizing the Services:
(a) reproduce, duplicate, disseminate, copy, modify, translate, or create
derivative works based on the Site or Services; (b) sell, rent, lease, loan,
distribute, pledge, assign, or otherwise transfer or encumber rights to the
Services; (c) use the Services for any use other than the expressly authorized
Intended Use set forth above, including to conduct electronic, individual or
bulk transfers, migrations, downloads or extractions of data, records, files or
information from the Services; (d) reverse engineer, decompile, disassemble,
circumvent the security and restrictions, or otherwise attempt to discover the
source code, object code, or underlying structure, ideas, or algorithms of the
Services; (e) remove or otherwise alter any proprietary notices or labels from
the Services or any portion thereof; (f) use the Services if you are a
competitor of Breakthrough Broker, except with Breakthrough Broker’s prior
written consent, (g) design, build or develop any product or service that
competes against the Services or that provides the same or similar services or
functionality as the Services; (h) violate the security of any computer network,
or crack, hack or circumvent any passwords or security encryption codes, (i) run
any mail-list, listserv, any form of auto-responder or “spam” on the Services,
or any processes that run or are activated while you are not logged into the
Services, or that otherwise interferes with the proper working of the Services
(including, without limitation, by placing an unreasonable load on the Services’
infrastructure), (j) through the use of manual, automated or any other means,
engage in action that “crawls,” “scrapes,” or “spiders” any page, data or
portion of or relating to the Services, (k) (directly or indirectly) decipher,
decompile, disassemble, reverse engineer or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of the Services
(including without limitation any application), (l) use the Services to
distribute or execute any action directed by any type of injurious code, or (m)
otherwise use the Services in any way not expressly provided for by these Terms.
You agree that you will not transmit, distribute, post, store, and/or link,
information, software, or materials, including but not limited to Your Content,
on or through the Services that: (i) are unlawful, threatening, abusive,
harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, offensive, profane, contains or depicts pornography, or is
otherwise inappropriate as determined by us in our sole discretion; (ii) you
know are false, misleading, untruthful or inaccurate; (iii) constitute
unauthorized access or use of another use’s client’s data; (iv) impersonate any
person or entity, including any of our employees or representatives; or (v)
include anyone's personally identifiable information (“PII”) or sensitive
financial information.
You will use the Services only in compliance with: (i) these Terms; and (ii) in
accordance with all applicable laws, rules and regulations.
Compliance Obligations and Responsibilities
You acknowledge that you are aware of and agree to abide by all of your
compliance obligations, including but not limited to these Terms, all applicable
domestic, international, federal, state, local, province, or territory laws,
acts, rules and regulations (including but not limited to all applicable
licensing requirements, RESPA, Fair Housing, Can-Spam, and TCPA), third-party
contractual requirements, rules, and policies (including but not limited to any
applicable multiple listing service) and industry standards / code of ethics
obligations (collectively “Compliance Obligations”). Breakthrough Broker makes
no representations or warranties that the Services meet your Compliance
Obligation needs and Breakthrough Broker shall not be responsible for, and you
are solely responsible for understanding your Compliance Obligations and
determining if the Services meet all applicable Compliance Obligations. As a
condition of use, you promise not to use the Services for any purpose that is
prohibited under these Terms or any other Compliance Obligation. Furthermore,
you also understand and acknowledge that your use of the Services may require
additional obligations and disclosures to end users / consumers. You are
responsible for all of your activity in connection with the Services and the
activity of any employee, agent or authorized user, and ensuring all Compliance
Obligations are met. If you are unsure whether your use of the Services comply
with applicable Compliance Obligations, please consult an appropriate
professional, such as an attorney.
a.) Features At any time, without notice, and at their sole discretion,
Breakthrough Broker may introduce and / or discontinue any Service.
b.) Maintenance Breakthrough Broker does not guarantee that all Services will be
available at all times and your access to and use of the Services may be
suspended for the duration of any unanticipated or unscheduled downtime or
unavailability, including as a result of power outages, system failures or other
interruptions. Breakthrough Broker shall also be entitled, without any liability
to you, to suspend access to any portion or all of the Services at any time, on
a service-wide basis: (a) for scheduled downtime – currently scheduled between
midnight and 6:00 a.m. Pacific Time – to permit Breakthrough Broker to conduct
maintenance or make modifications to any Service; (b) in the event of a denial
of service attack or other attack on the Services or other event that
Breakthrough Broker determines, in our sole discretion, may create a risk to the
applicable Service, to you or to any of our Breakthrough Broker Clients, if the
Services were not suspended; and (c) in the event that Breakthrough Broker
determines that it is necessary or prudent to do so for legal or regulatory
reasons ((a), (b), (c) collectively referred to as, “Service Suspensions”)
Breakthrough Broker shall have no liability as a result of a Service Suspension.
To the extent that Breakthrough Broker is able, Breakthrough Broker will
endeavor to provide you with notice of any Service Suspension and to post
updates on the Services regarding resumption of Services following any such
Service Suspension but shall have no liability for the manner in which
Breakthrough Broker may do so or if Breakthrough Broker fails to do so.
c.) Storage You agree that Breakthrough Broker has no responsibility or
liability whatsoever for the deletion, corruption or failure to store any
transaction, template, clause, content, form or document maintained by
Breakthrough Broker or maintained or utilized in the Services, including but not
limited to Your Content, as defined below. If you wish to save documents, You
should export the documents to another location, such as saving the documents on
your computer or some other external storage medium.
d.) Third-Party Services, Data, Links and Advertising The Services may include
activities provided by third-parties (including but not limited to printing and
mailing), or contain third-party Listing Data, links to third-party websites,
advertisers, services, listings, special offers, integrations with third-party
applications (including but not limited to Facebook and Twillo) or other events
or activities that are not owned or controlled by Breakthrough Broker
(“Third-Party Site(s)/Data”). Breakthrough Broker does not endorse or assume any
responsibility for any such Third-Party Sites/Data, information, materials,
products, or services. Certain Services may be delivered by Third-Party
Sites/Data, by using such Services you hereby acknowledge and agree that we may
share certain information and data about you with such Third-Party Sites/Data as
necessary to offer such Services. If you utilize or access a Third-party
Site/Data from the Services, you do so at your own risk. Access grant and
restrictions may apply to Third-Party Sites/Data. You expressly release, waive,
relieve and hold harmless Breakthrough Broker from any and all liability arising
from your use of any Third-Party Site/Data, service or content. Additionally,
your dealings with or participation in promotions of advertisers found on the
Site, including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such third-party advertisers. You agree
that Breakthrough Broker shall not be responsible for any loss or damage of any
sort relating to your dealings with such Third-Party Sites/Data and advertisers.
Proprietary Rights
Content Generated, Created or Provided by You
1. Your Content To the extent you provide or make available to Breakthrough
Broker materials, data, content or other proprietary information to use in
connection with the Services, you hereby represent and warrant that you shall
own or have all necessary rights to all information, including but not limited
to custom content, customer information, contracts, mailing lists, documents,
advertising materials, logos, designs, comments, chats, messages, data, text,
images, audio, video, photographs, data fill fields or blank fields that you
populate, and any and all documents and materials that you upload or input to
the Services or provide to Breakthrough Broker to upload or input on your behalf
(collectively, “Your Content”). The term “Your Content” does not include the
Services, the Breakthrough Broker Intellectual Property, or any derivative works
thereof. You are responsible for any security vulnerabilities, and the
consequences of such vulnerabilities, arising from Your Content, including any
viruses, Trojan horses, worms or other harmful programming routines contained in
Your Content, or from your use of the Services. While Breakthrough Broker has
not obligation to monitor Your Content, we do reserve the right to review and
remove any of Your Content in our sole discretion.
2. License Grant and Representations, Warranties and Disclaimers You hereby
grant to Breakthrough Broker a non-exclusive, worldwide, royalty-free,
perpetual, sublicensable license and right to host, use, process, reproduce,
display and transmit Your Content to provide the Services pursuant to and in
accordance with these Terms. You have sole responsibility for the accuracy,
quality, integrity, legality, reliability, and appropriateness of all Your
Content, and for obtaining all rights related to Your Content required by
Breakthrough Broker to perform the Services. Breakthrough Broker has no
obligation to verify the information provided in Your Content and disclaims any
responsibility for its accuracy and you use the same at your own risk. Your
Content shall comply with all Compliance Obligations. You agree to defend,
indemnify and hold harmless Breakthrough Broker and its employees, officers,
agents, and directors from and against any liability arising from any inaccuracy
or inadequacy of Your Content. You represent and warrant that: (a) you have the
written consent of each and every identifiable natural person in Your Content to
use such person’s name or likeness in the manner contemplated by the Services
and these Terms, and each such person has released you and Breakthrough Broker
from any liability that may arise in relation to such use; (b) Your Content and
Breakthrough Broker’s use thereof as contemplated by these Terms and the
Services will not violate any law or infringe any rights of any third party,
including but not limited to any copyrights, trademarks, service marks or other
intellectual property rights, publicity rights, or privacy rights; (c)
Breakthrough Broker may exercise the rights to Your Content granted under these
Terms without liability for payment of any guild fees, residuals, payments,
fees, or royalties payable under any collective bargaining agreement or
otherwise; and (d) all of Your Content and other information that you provide to
Breakthrough Broker is truthful and accurate. Breakthrough Broker reserves the
right to change, condense or delete any content, information, or materials
available with or used in connection with the Services (including Your Content)
that Breakthrough Broker deems, in its sole discretion, to violate any provision
of these Terms. Breakthrough Broker shall not have any liability for any lost
content or Your Content.
3. Breakthrough Broker’s Intellectual Property “Breakthrough Broker Intellectual
Property” shall mean Breakthrough Broker’s ownership of all Confidential
Information (as defined below), the Site, the Services, Feedback, and of all
copyrights, patents, trade secrets, service marks, trademarks, proprietary
rights, domain name registrations, and other intellectual property rights in and
to the Confidential Information and arising therefrom. You shall not contest or
otherwise challenge: (a) Breakthrough Broker’s designation of its Confidential
Information (as defined below) as trade secrets and commercially sensitive and
confidential and proprietary information; or (b) Breakthrough Broker’s ownership
of Breakthrough Broker Intellectual Property. Breakthrough Broker is the owner
of all Breakthrough Broker Intellectual Property and no title or ownership of
the Confidential Information or Breakthrough Broker Intellectual Property is
transferred to you by way of these Terms. Except for the express limited rights
granted to you to use the Services set forth above, no other rights, whether
express or implied, are granted to you, and are reserved to and retained by
Breakthrough Broker. You agree that any feedback, suggestions, improvements,
enhancements, input and/or feature requests relating to the Services provided by
you to Breakthrough Broker (“Feedback”) shall be owned solely by Breakthrough
Broker, shall be included as part of the Breakthrough Broker Intellectual
Property, and Breakthrough Broker shall be free to use and/or incorporate such
Feedback in connection with the Services, Site and/or Breakthrough Broker’s
business.
CONFIDENTIALITY
Personal Information
You represent, warrant, covenant and agree that you shall comply with all
relevant and/or applicable state and federal data privacy standards and all
United States, foreign and other applicable laws, rules and regulations
governing data, banking and financial information, real estate, the purchase or
sale of real estate, real estate transactions, agencies and brokers, privacy,
personal data and personal information and PII (as defined below) including the
U.S.-EU Safe Harbor Privacy Framework, the General Data Protection Regulation
(GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA) AB-375, and any
other applicable laws, rules, regulations and guidelines, and all other
requirements reasonably requested by Breakthrough Broker (collectively, the
“Data Privacy Standards”). You represent, warrant, covenant and agree that for
so long as you maintain, possess, acquire, disclose, use, or have access to any
PII, you shall at all times maintain the PII in strict confidence and shall not
disclose it to anyone or use it for any purposes except as expressly authorized
in these Terms and as permitted by applicable law and the Data Privacy
Standards, and you shall be and remain in strict compliance with the Data
Privacy Standards and that you shall notify Breakthrough Broker within
twenty-four (24) hours if you are no longer in compliance with such Data Privacy
Standards. Breakthrough Broker shall have the right, at any time, to require you
to remove, destroy or purge any information from your possession, custody or
control that constitutes PII when required by any of the Data Privacy Standards.
Breakthrough Broker shall have the right, but not the obligation, upon
reasonable prior notice, to audit you to confirm your compliance with these
Terms and the Data Privacy Standards, which audit may include on-site
inspections, requests for copies of documents and records, interviews with
employees and representatives, proof of compliance, and written certifications
executed under oath. The term “PII” means personal information, personally
identifiable information, non-public information (NPI), any information about an
individual, information that can be used on its own or with other information to
identify, contact, or locate a single person, or to identify an individual in
context, and any other information protected or regulated under applicable law
and includes: (a) any information that can be used to distinguish or trace an
individual’s identity, such as name, social security number, date and place of
birth, mother’s maiden name, or biometric records; (b) credit card, debit card
and other banking and payment information; (c) any other information that is
linked or linkable to an individual, such as medical, educational, financial,
and employment information; (d) any non-public personal information regarding
any individual that is subject to applicable national, state, regional, and/or
local laws and regulations governing the privacy, security, confidentiality and
protection of non-public personal information; (e) is Personally Identifiable
Information, as defined by state breach notification statutes; (f) non-public
information (NPI) as defined and/or used by applicable state, federal or local
laws, rules or regulations; (g) information appearing on applications for
obtaining financial services (such as credit card or loan applications), or on
account histories (such as bank or credit card histories), a person’s status
(current or previous) with a banking, credit, lending or other financial
organization, including names, addresses, telephone numbers, Social Security
numbers, PINs, passwords, account numbers, salaries, medical information, and
account balances; and (h) any information or materials protected by applicable
state, federal or local laws, rules or regulations or governing real estate or
its purchase or sale, real estate brokers, agents, transactions or related
documents.
Confidential Information
You will treat and hold all confidential, commercially sensitive, proprietary,
and/or non-public information (“Confidential Information”) received from
Breakthrough Broker in strict confidence and will not use or disclose to anyone
any of the information except as otherwise expressly permitted by these Terms.
The term “Confidential Information” shall include PII, all user logins and
passwords, Breakthrough Broker Intellectual Property, the Site, Services and
their features, functionality, work-flow, algorithms, screen displays and
methods, system updates and all documentation relating thereto. Any information
provided by Breakthrough Broker through the Services shall be considered
Confidential Information of Breakthrough Broker. Upon termination, cancellation,
or expiration of these Terms for any reason whatsoever, or at Breakthrough
Broker’s request at any time, you shall return to Breakthrough Broker all
Confidential Information or at Breakthrough Broker’s option, destroy such
information.
Compelled Disclosure
Breakthrough Broker reserves the right to fully cooperate with any law
enforcement or duly authorized regulatory authorities or court order requesting
or directing Breakthrough Broker to disclose any of Your Content, or any other
data, information, the identity of anyone posting content or using the Services
or publishing or otherwise making available any materials that are believed to
violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE, RELEASE AND HOLD
BREAKTHROUGH BROKER HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY BREAKTHROUGH BROKER DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER
BREAKTHROUGH OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
Term and Termination
a.) Term The term begins on the date these Terms are acknowledged by you and
continues in effect until the latter of the initial term identified in the
applicable subscription agreement, order form or when you cease access and use
of the Services.
b.) Termination Breakthrough Broker shall have the right, in its sole
discretion, to at any time for any reason, cease doing business with you or any
business, person or entity and/or to terminate or suspend your access to the
Services, or any part thereof, temporarily or permanently, at any time and from
time to time, and with or without notice, for any reason whatsoever including
for record keeping, quality assurance, or if Breakthrough Broker believes that
you have violated or acted inconsistently with the letter or spirit of these
Terms. These rights and actions are in addition to and not in lieu or limitation
of any other right or remedy Breakthrough Broker may have available at law or in
equity.
c.) Effects of Termination Upon termination, cancellation or expiration for any
reason whatsoever: (a) your right to access and use the Services shall
immediately, automatically, and without notice, be revoked; (b) you shall
immediately cease all access to and use of the Services and all Confidential
Information; (c) you shall return to Breakthrough Broker all Confidential
Information; (d) Breakthrough Broker shall have the right to terminate and deny
you access to and use of the Services immediately and without notice. The
obligations set forth in these Terms which, by their nature, are intended to
survive, shall survive the termination, cancellation or expiration of your
access to the Services for any reason whatsoever. Such surviving obligations
include, without limitation, obligations with respect to Confidential
Information, protection of PII and data, and obligations of indemnity and any
applicable warranties and representations.
Communications
Our Communications With You. (TCPA Consent for United States Residents)
a.) EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE
PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE
EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT
YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.
b.) E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING
MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND
TEXT MESSAGES (INCLUDING SMS AND MMS).
BY PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM TELYNX.
MESSAGE & DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.
c.) DIALER. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “DIALER”),
WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR
CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
d.) NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION
OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
e.) REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE
COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS. WE WILL MAKE
A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU
OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER
TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO
STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.”
YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY
REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE”
LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL
MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU
OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO
FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30
DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”.
THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.
f.) COMMUNICATION FREQUENCY HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY
BECAUSE THE INDIVIDUAL SALESPERSON WHO COMMUNICATES WITH YOU WILL DETERMINE THE
FREQUENCY OF COMMUNICATION. You represent and warrant that: You are at least 18
years old You live in the United States (or Canada, in which case the Canadian
consents below apply) You have not registered on a national or statewide Do Not
Call list You are the account holder for the email addresses and phone numbers
you provided, or you have authorization from the account holder to give this
consent The email addresses and phone numbers you provided are accurate, and you
will let us know if you release them to another person or individual
Availability. Our mobile service may only be available only in certain states.
Certain mobile features may be incompatible with your carrier or mobile device.
Contact your carrier with questions regarding these issues.
Additional Communications Provisions (For Residents of Canada). In addition to
the consent provided above in the Our Communications With You (United States)
section, Canadian residents agree to the following provisions related to
compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal
Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian
provincial law including Alberta’s Personal Information Protection Act (“PIPA”),
and Quebec’s Act Respecting the Protect of Personal Information in the Private
Sector: You agree to the provisions governing use and disclosure of personal
information that are found in our Privacy Policy Because the purpose of our
communications include your interest in our services, our communication with you
will continue until you revoke your consent or opt-out. Your personal
information may also be transmitted to, used in, and stored in the United
States.
Arbitration / Class Action Waiver
READ THIS “ARBITRATION AGREEMENT” CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT
ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For
example, if we elect to require you to arbitrate any claim, you will not have
the right to a jury trial or the right to participate in a class action in court
or in arbitration. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS
DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is
arbitrated, neither you nor we will have the right to: (1) have a court or a
jury decide the Claim; (2) engage in information-gathering (discovery) to the
same extent as in court; (3) participate in a class action, private attorney
general or other representative action in court or in arbitration; or (4) join
or consolidate a Claim with claims of any other person. The right to appeal is
more limited in arbitration than in court and other rights in court may be
unavailable or limited in arbitration.
This Arbitration Agreement describes when and how a Claim (as defined below)
arising under or related to the Terms between you and us may be arbitrated.
Arbitration is a method of resolving disputes in front of one or more neutral
persons, instead of having a trial in court in front of a judge and/or jury. If
a claim is arbitrated, each party waives its, his or her respective rights to a
trial before a jury in connection with the Claim. It can be a quicker and
simpler way to resolve disputes. As solely used in this Arbitration Agreement,
the terms “we,” “us” and “our” mean “us” as defined above, our parent companies,
wholly or majority owned subsidiaries, affiliates, commonly-owned companies,
management companies, successors, assigns and any of their employees, officers
and directors. For purposes of this Arbitration Agreement, these terms also mean
any third party providing any goods or services in connection with the Terms, if
such third party is named as a party by you in any lawsuit between you and us.
Your Right to Reject Arbitration You may reject this Agreement by mailing a
rejection notice to 3457 Ringsby Ct, Suite 212, Denver CO, 80216 Attn. Terms
Arbitration Rejection, within 30 days after you agree to these Terms. Any
rejection notice must include your name, address and telephone number; the date
you agreed to the Terms that your rejection notice applies to; and your
signature. Your rejection notice will apply only to this Agreement in the Terms
but will not affect any term of any other policy or contract between you and us
(including without limitation any prior or subsequent agreement), nor will it
change your obligation to arbitrate claims or matters covered by any prior or
subsequent agreement to arbitrate.
What Claims Are Covered “Claim” means any claim, dispute or controversy between
you and us, whether preexisting, present or future, that in any way arises from
or relates to the Terms, your use of the Services, your Account, any transaction
in your Account, the events leading up to the Terms (for example, any
disclosures, advertisements, promotions or oral or written statements,
warranties or representations made by us), communications between you and us and
the manner of communicating, any product or service provided by us or third
parties in connection with the Terms, the collection of amounts due and the
manner of collection, enforcement of any and all of the obligations a party
hereto may have to another party, compliance with applicable laws and/or
regulations or the relationships resulting from any of the foregoing. “Claim”
has the broadest possible meaning, and includes initial claims, counterclaims,
cross-claims and third-party claims and federal, state, local and administrative
claims and claims which arose before the effective date of this Arbitration
Agreement. It includes disputes based upon contract, tort, consumer rights,
fraud and other intentional torts, constitution, statute, regulation, ordinance,
common law and equity and claims for money damages and injunctive or declaratory
relief. However, “Claim” does not include: (i) any dispute or controversy about
the validity, enforceability, coverage or scope of this Arbitration Agreement or
any part thereof (including, without limitation, the Class Action Waiver set
forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules
of Interpretation” and/or this sentence); all such disputes or controversies are
for a court and not an arbitrator to decide; but disputes about the validity or
enforceability of the Terms as a whole are for the arbitrator and not a court to
decide; (ii) seeking and obtaining from a court of competent jurisdiction
(notwithstanding ongoing arbitration and without waiver of rights under this
Arbitration Agreement) provisional or ancillary remedies including but not
limited to injunctive relief, temporary restraining orders, property
preservation orders, foreclosure, sequestration, eviction, attachment, replevin,
garnishment, and/or the appointment of a receiver; (iii) the exercising of any
self-help or non-judicial remedies by you or us; (iv) any individual action in
court by one party that is limited to preventing the other party from using a
self-help remedy and that does not involve a request for damages or monetary
relief of any kind; or (v) any individual action brought by you against us in
small claims court or your state’s equivalent court, if any. But if that action
is transferred, removed or appealed to a different court, we then have the right
to choose arbitration. Moreover, this Arbitration Agreement will not apply to
any Claims that are the subject of a class action filed in court that is pending
as of the effective date of this Arbitration Agreement in which you are alleged
to be a member of the putative or certified class.
Electing Arbitration; Starting an Arbitration Proceeding Either you or we may
elect to arbitrate a Claim by giving the other party written notice of the
intent to arbitrate the Claim or by filing a motion to compel arbitration of the
Claim. This notice may be given before or after a lawsuit has been filed
concerning the Claim or with respect to other Claims brought later in the
lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to
compel arbitration. Each of the arbitration administrators listed below has
specific rules for starting an arbitration proceeding. Regardless of who elected
arbitration or how arbitration was elected, the party asserting the Claim (i.e.,
the party seeking money damages or other relief from a court or an arbitrator)
is responsible for starting the arbitration proceeding. Thus, if you assert a
Claim against us in court, and we elect to arbitrate that Claim by filing a
motion to compel arbitration which is granted by the court, you will be
responsible for starting the arbitration proceeding. Similarly, if we assert a
Claim against you in court, you assert a counterclaim against us, and we elect
to arbitrate that counterclaim by filing a motion to compel arbitration which is
granted by the court, you will be responsible for starting the arbitration
proceeding. Even if all parties have opted to litigate a Claim in court, you or
we may elect arbitration with respect to any Claim made by a new party or any
Claim later asserted by a party in that or any related or unrelated lawsuit
(including a Claim initially asserted on an individual basis but modified to be
asserted on a class, representative or multi-party basis). Nothing in that
litigation shall constitute a waiver of any rights under this Arbitration
Agreement.
Choosing the Administrator The party starting the arbitration proceeding must
choose one of the following arbitration organizations as the Administrator: the
American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York,
N.Y 10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614,
www.jamsadr.com. You may contact these organizations directly if you have any
questions about the way they conduct arbitrations or want to obtain a copy of
their rules and forms (which are also available on their websites). A single
arbitrator shall be appointed. If for any reason the Administrator selected is
unable or unwilling to serve or continue to serve as Administrator, the other
company will serve as Administrator. If neither the AAA nor JAMS is able or
willing to serve as Administrator, we and you will mutually agree upon an
Administrator or arbitrator or a court with jurisdiction will appoint the
Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator
panel provided for in Section “j”, below). No company may serve as
Administrator, without the consent of all parties, if it adopts or has in place
any formal or informal policy that is inconsistent with and purports to override
the terms of the Class Action Waiver in section (e) of this Arbitration
Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10
years of experience or a retired judge. Arbitration of a Claim must comply with
this Arbitration Agreement and, to the extent not inconsistent or in conflict
with this Arbitration Agreement, the applicable rules of the arbitration
Administrator.
Class Action Waiver Notwithstanding any other provision of the Terms, if either
you or we elect to arbitrate a Claim, neither you nor we will have the right:
(a) to participate in a class action, private attorney general action or other
representative action in court or in arbitration, either as a class
representative or class member; or (b) to join or consolidate Claims with claims
of any other persons. No arbitrator shall have authority to conduct any
arbitration in violation of this provision or to issue any relief that applies
to any person or entity other than you and/or us individually. (Provided,
however, that the Class Action Waiver does not apply to any lawsuit or
administrative proceeding filed against us by a state or federal government
agency even when such agency is seeking relief on behalf of a class of borrowers
including you. This means that we will not have the right to compel arbitration
of any claim brought by such an agency).
Location of Arbitration Any arbitration hearing that you attend must take place
at a location reasonably convenient to your residence.
Cost of Arbitration Each Administrator charges fees to administer an arbitration
proceeding and the arbitrator also charges fees. This includes fees not charged
by a court. At your written request, we will pay all filing, hearing and/or
other fees charged by the Administrator and arbitrator to you for Claim(s)
asserted by you in an individual arbitration after you have paid an amount
equivalent to the fee, if any, for filing such Claim(s) in state or federal
court (whichever is less) in the judicial district in which you reside. (If you
have already paid a filing fee for asserting the Claim(s) in court, you will not
be required to pay that amount again). In addition, the administrator may have a
procedure whereby you can seek a waiver of fees charged to you by the
Administrator and arbitrator. We will always pay any fees or expenses that we
are required to pay by law or the Administrator’s rules or that we are required
to pay for this Arbitration Agreement to be enforced.
Governing Law The Terms evidence a transaction involving interstate commerce
and, therefore, this Arbitration Agreement is governed by the Federal
Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state
arbitration law. The arbitrator will not be bound by judicial rules of procedure
and evidence that would apply in a court, or by state or local laws that relate
to arbitration proceedings. The arbitrator will apply the same statutes of
limitation and privileges that a court would apply if the matter were pending in
court. The arbitrator will have the authority to hear and rule on appropriate
dispositive motions for judgment on the pleadings, for failure to state a claim,
or for full or partial summary judgment. In determining liability or awarding
damages or other relief, the arbitrator will follow the applicable substantive
law, consistent with the FAA that would apply if the matter had been brought in
court. The arbitrator may award any damages or other relief or remedies that
would apply under applicable law to an individual action brought in court,
including, without limitation, punitive damages (which shall be governed by the
Constitutional standards employed by the courts) and injunctive, equitable and
declaratory relief (but only in favor of the individual party seeking relief and
only to the extent necessary to provide relief warranted by that party’s
individual claim). The arbitrator will have the authority to award fees and
costs of attorneys, witnesses and experts to the extent permitted by the Terms,
the Administrator’s rules or applicable law. However, with respect to Claim(s)
asserted by you in an individual arbitration, we will pay your reasonable
attorney, witness and expert fees and costs if and to the extent you prevail, if
applicable law requires us to or if we must bear such fees and costs in order
for this Arbitration Agreement to be enforced. We will not ask you to pay or
reimburse us for any fees we pay the Administrator or the arbitrator or for our
attorneys’ fees and costs unless (1) the arbitrator finds that you have acted in
bad faith (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), and (2) this power does not make this Arbitration Agreement
invalid. At the timely request of either party, the arbitrator must provide a
brief written explanation of the basis for the award.
Right to Discovery In addition to the parties’ rights to obtain discovery
pursuant to the arbitration rules of the Administrator, either party may submit
a written request to the arbitrator to expand the scope of discovery normally
allowable under the arbitration rules of the Administrator. The arbitrator shall
have discretion to grant or deny that request.
Arbitration Result and Right of Appeal Judgment upon the award given by the
arbitrator may be entered in any court having jurisdiction. The arbitrator’s
decision is final and binding, except for any right of appeal provided by the
FAA. The arbitrator’s authority shall be limited to deciding the case submitted
by the parties to the arbitration. Therefore, no decision by any arbitrator
shall serve as precedent in other arbitrations except in a dispute between the
same parties, in which case it could be used to preclude the same claim from
being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can,
within 30 days after the entry of the award by the arbitrator, appeal the award
to a three-arbitrator panel administered by the Administrator. (If an appeal is
not filed within that time period, the arbitration award shall become final and
binding). The panel shall reconsider de novo (anew) any aspect of the initial
award requested by the appealing party. This means that they shall reach their
own findings of fact and conclusions of law rather than deferring in any manner
to the original arbitrator. The decision of the panel shall be by majority vote.
Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel
if an appeal of the arbitrator’s decision has been taken. The costs of such an
appeal will be borne in accordance with subparagraph (g) above, captioned “Cost
of Arbitration.” Any final decision of the appeal panel is subject to judicial
review only as provided under the FAA.
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.
International Users The Services are controlled, operated and administered by
Breakthrough Broker from the United States of America. If you choose to access
the Services from a location outside of the United States of America, you do so
at your own risk and you are responsible for compliance with all applicable
local or international laws, regulations or treaties. You agree that you will
not use the Services in any country or in any manner prohibited by any
applicable laws, restrictions, or regulations.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES BREAKTHROUGH BROKER DOES
NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE
SITE, THE SERVICES, AND THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SITE
AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH “ALL
FAULTS”. BREAKTHROUGH BROKER SPECIFICALLY DOES NOT WARRANT THAT ITS SITE AND
SERVICES OR ANY COMPONENT THEREOF WILL (I) PERFORM WITHOUT INTERRUPTION OR
ERROR, OR THAT ALL IRREGULARITIES, ERRORS, PROBLEMS OR DEFECTS WILL BE
CORRECTED, (II) BE SECURE OR FREE OF DEFECTS, MALWARE, VIRUSES, OR OTHER HARMFUL
COMPONENTS, (III) MEET YOUR REQUIREMENTS OR COMPLIANCE OBLIGATIONS, INCLUDING
THOSE RELATING TO THE TCPA, TSR AND OTHER APPLICABLE STATE LAWS RELATED TO
AUTOMATED CALLING, TEXTING OR OTHER DELIVERY OF TELEMARKETING MESSAGES, OR (IV)
BE ACCESSIBLE FROM THE CONFIGURATION THAT YOU MAY SELECT. IN NO EVENT SHALL
BREAKTHROUGH BROKER, OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES,
DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, AS SUCH,
BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
SPECIAL DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT, ITS SITE, OR ANY
SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST,
REVENUE, DATA OR USE, SECURITY BREACH, OR INTERRUPTION OF BUSINESS, INCURRED BY
USER, CLIENT/CONTRIBUTOR OR ANY THIRD PERSON OR ENTITY, WHETHER BASED UPON
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DUTY TO WARN AND
STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF
BREAKTHROUGH BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT, THE TOTAL CUMULATIVE LIABILITY OF BREAKTHROUGH BROKER, OR ANY OF ITS
THIRD-PARTY LICENSORS, AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES,
DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AS
SUCH, TO USER, OR ANY THIRD PERSON OR ENTITY FOR ANY LOSSES, SHALL NOT EXCEED
THE GREATER OF (A) THE TOTAL COMPENSATION PAID BY YOU TO BREAKTHROUGH BROKER
DURING THE CONSECUTIVE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE
OCCURRENCE OF THE EVENT(S) GIVING RISE TO SUCH LIABILITY; OR (B) $10,000. AS
USED HEREIN, “SECURITY BREACH” MEANS THE ACCIDENTAL OR UNLAWFUL DESTRUCTION,
LOSS, ALTERATION, UNAUTHORIZED DISCLOSURE OF, OR ACCESS TO, YOUR CONTENT,
INCLUDING ANY PERSONAL INFORMATION.
Indemnification You and any associated Breakthrough Broker Client jointly and
severally agree to indemnify, defend, and hold harmless Breakthrough Broker, its
affiliates, and their respective directors, officers, employees, and agents from
any and all actions, judgments, damages, demands, liabilities, losses, costs and
claims, including reasonable attorney’s fees, whether asserted or threatened
claims and demands made by any third party due to or arising out of: (a) your
access to or use of the Services; (b) any claims arising out of any content,
products or services sold or otherwise distributed by us through the Services,
including any personal or property injury and damage; (c) your breach of these
Terms; (d) your violation of any law or the rights of a third party, including
but not limited to your Compliance Obligations; (e) any dispute or issue between
you and any third party; (f) any materials you, or anyone using your
credentials, upload to, or otherwise make available through, the Services,
including but not limited to Your Content; (g) your willful misconduct; and (h)
any other party’s access to and/or use of the Services using your account and
password, whether authorized or unauthorized by you. We reserve the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in that case, you agree to
cooperate with our defense of that claim.
GENERAL
11. 1. 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.
Assignment The use of the Services and license grants by Breakthrough Broker
hereunder are personal to you and may not be assigned, sub-licensed or
transferred, in whole or in part, by you, whether by agreement, operation of
law, sale, merger, reorganization or change of control of your company or
business. Any assignment or transfer by you in violation of this section shall
be void and of no force or effect and shall constitute a material breach of
these Terms. Breakthrough Broker may assign its rights and responsibilities
pursuant to these Terms and any applicable subscription agreement upon notice to
you.
Notice Breakthrough Broker may provide notifications, whether such notifications
are required by law or are for marketing or other business related purposes, to
you via email notice, written or hard copy notice, or through posting of such
notice on the Site or in the Services, as determined by Breakthrough Broker in
our sole discretion. Breakthrough Broker reserves the right to determine the
form and means of providing notifications to you. Breakthrough Broker is not
responsible for any automatic filtering you or your network provider may apply
to email notifications we send to the email address you provide us. All notices,
requests or demands to Breakthrough Broker shall be delivered in writing and
shall be deemed given only if delivered personally or sent via overnight
delivery to Breakthrough Broker’s mailing address. Any legal notice sent by You
to Breakthrough Broker must also be emailed to Support@BreakthroughBroker.com.
Please contact us at Support@BreakthroughBroker.com with any questions regarding
these Terms.
No Waiver The failure or delay of any party in exercising any of its rights
hereunder, including any rights with respect to a breach or default by the other
party, shall in no way operate as a waiver of such rights or prevent the
assertion of such rights with respect to any later breach or default by the
other party. No party shall be deemed to have waived any rights under these
Terms by any action or inaction unless an express waiver is set forth in
writing. The waiver of one breach hereunder shall not constitute the waiver of
any other or subsequent breach.
Entire Agreement and Severability These Terms together with any other
agreement(s) entered into between you and Breakthrough Broker, including but not
limited to any applicable Breakthrough Broker subscription agreement(s) or order
form(s), constitute the entire, complete and only agreement between the parties
regarding the subject matter contained herein and supersedes all proposals or
prior agreements, whether oral or written, and all other communications between
the parties relating to this subject matter. Whenever possible, each provision
of these Terms shall be interpreted in such a manner as to be effective and
valid under applicable law. However, if any provision of these Terms or the
application of any provision to any party or circumstance shall be prohibited by
or invalid under applicable law, such provision shall be reduced to such scope
as is reasonable and enforceable if possible. Otherwise, such provision shall be
severed and ineffective to the extent of such prohibition or invalidity without
it invalidating the remainder of the provisions of these Terms or the
application of the provision to the other parties or other circumstances.
Relationship of the Parties These Terms do not constitute and shall not be
construed as constituting a partnership, agency or joint venture between any of
the parties. These Terms shall not be construed as authority for any party to
act for any other party in any agency or other capacity or to make commitments
of any kind for the account of or on behalf of the other.
Changes to Terms and Authority to Bind
Breakthrough Broker reserves the right, at our sole discretion, to update or
revise these Terms at any time without further notice. Any changes shall be
effective immediately upon posting by Breakthrough Broker, whether you have
actual notice of such changes. Your continued use of Breakthrough Broker’s
Services following the posting of any changes to the Terms constitutes
acceptance of those changes and your representation that you have the authority
to agree and accept any and all 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: 3457
Ringsby Ct, Suite 212, Denver CO, 80216 – ATTN: OPT-OUT. 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 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.
CONTACT US: Breakthrough Broker welcomes your questions or comments regarding
the Terms.
Breakthrough Broker LLC 3457 Ringsby Ct, Suite 212
Denver CO 80216
United States of America
Email Address:
support@breakthroughBroker.com
Telephone number: 720-440-6236
*Last updated: July 2023
Privacy Notice
You are entering a binding contract with BreakthroughBroker, the website
BreakthroughBroker.com, and the real estate professionals who use it and their
parents, subsidiaries and affiliates (the “Company,” “us,” “we” and “our”). By
(1) using this website, BreakthroughBroker.com, and (2) by submitting your
information to create a user account, you agree to this Privacy Policy, and you
agree that you are giving your express written consent to all the terms below,
as well as our Terms of Use. You agree that your doing so constitutes your
electronic signature, and is equivalent to a written signature. You may choose
to receive this contract on paper by calling us at 1-800-682-4661 or emailing us
at Support@BreakthroughBroker.com. You may withdraw this consent by using the
opt-out procedures described in the “Our Communications With You” section below.
We are committed to protecting your privacy. This Privacy Policy defines the
Personal Information and Usage Information that we collect and describes how
that information is collected, used, and shared. This Privacy Policy also
describes your choices regarding our use of that information, the steps we take
to protect your personal information and how you can review and correct your
personal information.
This Privacy Policy is in effect for any web page, mobile application, email
list, and information, including Personal Information, collected and/or owned by
us, regardless of the method of collection (e.g., mail, facsimile, email,
sign-up/sign-in page), including collection through any online features,
services, and/or programs we offer (collectively, the “Web Properties”). This
Privacy Policy is not applicable to any web page, mobile application, social
media site, or information, collected and/or owned by any entity other than us.
By accessing the Web Properties, you are consenting to the information
collection and use practices described in this Privacy Policy. Your use of the
Web Properties is also governed by the Terms and Conditions.
ADDITIONAL COMMUNICATIONS PROVISIONS (For Residents of Canada)
In addition to the consent provided above in the Our Communications With You
(United States) section, Canadian residents agree to the following provisions
related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s
Personal Information Protection and Electronic Documents Act (“PIPEDA”) and
Canadian provincial law including Alberta’ Personal Information Protection Act
(“PIPA”), British Columbia’s Personal Information Protection Act, and Quebec’s
Act Respecting the Protection of Personal Information in the Private Sector:
You agree to the provisions governing use and disclosure of personal information
that are found in our Terms of Use. Because the purpose of our communications
include your interest in future real estate purchases, our communication with
you will continue until you revoke your consent or opt-out, which indicates you
are no longer considering real estate opportunities. Your personal information
may also be transmitted to, used in, and stored in the United States.
ARBITRATION / CLASS ACTION WAIVER
READ THIS “ARBITRATION AGREEMENT” CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT
ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For
example, if we elect to require you to arbitrate any claim, you will not have
the right to a jury trial or the right to participate in a class action in court
or in arbitration. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS
DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is
arbitrated, neither you nor we will have the right to: (1) have a court or a
jury decide the Claim; (2) engage in information-gathering (discovery) to the
same extent as in court; (3) participate in a class action, private attorney
general or other representative action in court or in arbitration; or (4) join
or consolidate a Claim with claims of any other person. The right to appeal is
more limited in arbitration than in court and other rights in court may be
unavailable or limited in arbitration.
This Arbitration Agreement describes when and how a Claim (as defined below)
arising under or related to the Terms between you and us may be arbitrated.
Arbitration is a method of resolving disputes in front of one or more neutral
persons, instead of having a trial in court in front of a judge and/or jury. If
a claim is arbitrated, each party waives its, his or her respective rights to a
trial before a jury in connection with the Claim. It can be a quicker and
simpler way to resolve disputes. As solely used in this Arbitration Agreement,
the terms “we,” “us” and “our” mean “us” as defined above, our parent companies,
wholly or majority owned subsidiaries, affiliates, commonly-owned companies,
management companies, successors, assigns and any of their employees, officers
and directors. For purposes of this Arbitration Agreement, these terms also mean
any third party providing any goods or services in connection with the Terms, if
such third party is named as a party by you in any lawsuit between you and us.
Your Right to Reject Arbitration
You may reject this Agreement by mailing a rejection notice to 3457 Ringsby Ct,
Suite 212, Denver CO, 80216 Attn. Terms Arbitration Rejection, within 30 days
after you agree to these Terms. Any rejection notice must include your name,
address and telephone number; the date you agreed to the Terms that your
rejection notice applies to; and your signature. Your rejection notice will
apply only to this Agreement in the Terms, but will not affect any term of any
other policy or contract between you and us (including without limitation any
prior or subsequent agreement), nor will it change your obligation to arbitrate
claims or matters covered by any prior or subsequent agreement to arbitrate.
What Claims Are Covered
“Claim” means any claim, dispute or controversy between you and us, whether
preexisting, present or future, that in any way arises from or relates to the
Terms, your use of the Services, your Account, any transaction in your Account,
the events leading up to the Terms (for example, any disclosures,
advertisements, promotions or oral or written statements, warranties or
representations made by us), communications between you and us and the manner of
communicating, any product or service provided by us or third parties in
connection with the Terms, the collection of amounts due and the manner of
collection, enforcement of any and all of the obligations a party hereto may
have to another party, compliance with applicable laws and/or regulations or the
relationships resulting from any of the foregoing. “Claim” has the broadest
possible meaning, and includes initial claims, counterclaims, cross-claims and
third-party claims and federal, state, local and administrative claims and
claims which arose before the effective date of this Arbitration Agreement. It
includes disputes based upon contract, tort, consumer rights, fraud and other
intentional torts, constitution, statute, regulation, ordinance, common law and
equity and claims for money damages and injunctive or declaratory relief.
However, “Claim” does not include: (i) any dispute or controversy about the
validity, enforceability, coverage or scope of this Arbitration Agreement or any
part thereof (including, without limitation, the Class Action Waiver set forth
below, subparts (A) and (B) of the part (k) set forth below titled “Rules of
Interpretation” and/or this sentence); all such disputes or controversies are
for a court and not an arbitrator to decide; but disputes about the validity or
enforceability of the Terms as a whole are for the arbitrator and not a court to
decide; (ii) seeking and obtaining from a court of competent jurisdiction
(notwithstanding ongoing arbitration and without waiver of rights under this
Arbitration Agreement) provisional or ancillary remedies including but not
limited to injunctive relief, temporary restraining orders, property
preservation orders, foreclosure, sequestration, eviction, attachment, replevin,
garnishment, and/or the appointment of a receiver; (iii) the exercising of any
self-help or non-judicial remedies by you or us; (iv) any individual action in
court by one party that is limited to preventing the other party from using a
self-help remedy and that does not involve a request for damages or monetary
relief of any kind; or (v) any individual action brought by you against us in
small claims court or your state’s equivalent court, if any. But if that action
is transferred, removed or appealed to a different court, we then have the right
to choose arbitration. Moreover, this Arbitration Agreement will not apply to
any Claims that are the subject of a class action filed in court that is pending
as of the effective date of this Arbitration Agreement in which you are alleged
to be a member of the putative or certified class.
Electing Arbitration; Starting an Arbitration Proceeding
Either you or we may elect to arbitrate a Claim by giving the other party
written notice of the intent to arbitrate the Claim or by filing a motion to
compel arbitration of the Claim. This notice may be given before or after a
lawsuit has been filed concerning the Claim or with respect to other Claims
brought later in the lawsuit, and it may be given by papers filed in the
lawsuit, such as a motion to compel arbitration. Each of the arbitration
administrators listed below has specific rules for starting an arbitration
proceeding. Regardless of who elected arbitration or how arbitration was
elected, the party asserting the Claim (i.e., the party seeking money damages or
other relief from a court or an arbitrator) is responsible for starting the
arbitration proceeding. Thus, if you assert a Claim against us in court, and we
elect to arbitrate that Claim by filing a motion to compel arbitration which is
granted by the court, you will be responsible for starting the arbitration
proceeding. Similarly, if we assert a Claim against you in court, you assert a
counterclaim against us, and we elect to arbitrate that counterclaim by filing a
motion to compel arbitration which is granted by the court, you will be
responsible for starting the arbitration proceeding. Even if all parties have
opted to litigate a Claim in court, you or we may elect arbitration with respect
to any Claim made by a new party or any Claim later asserted by a party in that
or any related or unrelated lawsuit (including a Claim initially asserted on an
individual basis but modified to be asserted on a class, representative or
multi-party basis). Nothing in that litigation shall constitute a waiver of any
rights under this Arbitration Agreement.
Choosing the Administrator
The party starting the arbitration proceeding must choose one of the following
arbitration organizations as the Administrator: the American Arbitration
Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y 10271,
www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614,
www.jamsadr.com. You may contact these organizations directly if you have any
questions about the way they conduct arbitrations or want to obtain a copy of
their rules and forms (which are also available on their websites). A single
arbitrator shall be appointed. If for any reason the Administrator selected is
unable or unwilling to serve or continue to serve as Administrator, the other
company will serve as Administrator. If neither the AAA nor JAMS is able or
willing to serve as Administrator, we and you will mutually agree upon an
Administrator or arbitrator or a court with jurisdiction will appoint the
Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator
panel provided for in Section “j”, below). No company may serve as
Administrator, without the consent of all parties, if it adopts or has in place
any formal or informal policy that is inconsistent with and purports to override
the terms of the Class Action Waiver in section (e) of this Arbitration
Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10
years of experience or a retired judge. Arbitration of a Claim must comply with
this Arbitration Agreement and, to the extent not inconsistent or in conflict
with this Arbitration Agreement, the applicable rules of the arbitration
Administrator.
Class Action Waiver
Notwithstanding any other provision of the Terms, if either you or we elect to
arbitrate a Claim, neither you nor we will have the right: (a) to participate in
a class action, private attorney general action or other representative action
in court or in arbitration, either as a class representative or class member; or
(b) to join or consolidate Claims with claims of any other persons. No
arbitrator shall have authority to conduct any arbitration in violation of this
provision or to issue any relief that applies to any person or entity other than
you and/or us individually. (Provided, however, that the Class Action Waiver
does not apply to any lawsuit or administrative proceeding filed against us by a
state or federal government agency even when such agency is seeking relief on
behalf of a class of borrowers including you. This means that we will not have
the right to compel arbitration of any claim brought by such an agency).
Location of Arbitration
Any arbitration hearing that you attend must take place at a location reasonably
convenient to your residence.
Cost of Arbitration
Each Administrator charges fees to administer an arbitration proceeding and the
arbitrator also charges fees. This includes fees not charged by a court. At your
written request, we will pay all filing, hearing and/or other fees charged by
the Administrator and arbitrator to you for Claim(s) asserted by you in an
individual arbitration after you have paid an amount equivalent to the fee, if
any, for filing such Claim(s) in state or federal court (whichever is less) in
the judicial district in which you reside. (If you have already paid a filing
fee for asserting the Claim(s) in court, you will not be required to pay that
amount again). In addition, the administrator may have a procedure whereby you
can seek a waiver of fees charged to you by the Administrator and arbitrator. We
will always pay any fees or expenses that we are required to pay by law or the
Administrator’s rules or that we are required to pay for this Arbitration
Agreement to be enforced.
Governing Law
The Terms evidence a transaction involving interstate commerce and, therefore,
this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C.
§§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator
will not be bound by judicial rules of procedure and evidence that would apply
in a court, or by state or local laws that relate to arbitration proceedings.
The arbitrator will apply the same statutes of limitation and privileges that a
court would apply if the matter were pending in court. The arbitrator will have
the authority to hear and rule on appropriate dispositive motions for judgment
on the pleadings, for failure to state a claim, or for full or partial summary
judgment. In determining liability or awarding damages or other relief, the
arbitrator will follow the applicable substantive law, consistent with the FAA
that would apply if the matter had been brought in court. The arbitrator may
award any damages or other relief or remedies that would apply under applicable
law to an individual action brought in court, including, without limitation,
punitive damages (which shall be governed by the Constitutional standards
employed by the courts) and injunctive, equitable and declaratory relief (but
only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claim). The
arbitrator will have the authority to award fees and costs of attorneys,
witnesses and experts to the extent permitted by the Terms, the Administrator’s
rules or applicable law. However, with respect to Claim(s) asserted by you in an
individual arbitration, we will pay your reasonable attorney, witness and expert
fees and costs if and to the extent you prevail, if applicable law requires us
to or if we must bear such fees and costs in order for this Arbitration
Agreement to be enforced. We will not ask you to pay or reimburse us for any
fees we pay the Administrator or the arbitrator or for our attorneys’ fees and
costs unless (1) the arbitrator finds that you have acted in bad faith (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),
and (2) this power does not make this Arbitration Agreement invalid. At the
timely request of either party, the arbitrator must provide a brief written
explanation of the basis for the award.
Right to Discovery
In addition to the parties’ rights to obtain discovery pursuant to the
arbitration rules of the Administrator, either party may submit a written
request to the arbitrator to expand the scope of discovery normally allowable
under the arbitration rules of the Administrator. The arbitrator shall have
discretion to grant or deny that request.
Arbitration Result and Right of Appeal Judgment
upon the award given by the arbitrator may be entered in any court having
jurisdiction. The arbitrator’s decision is final and binding, except for any
right of appeal provided by the FAA. The arbitrator’s authority shall be limited
to deciding the case submitted by the parties to the arbitration. Therefore, no
decision by any arbitrator shall serve as precedent in other arbitrations except
in a dispute between the same parties, in which case it could be used to
preclude the same claim from being re-arbitrated. If the amount of the Claim
exceeds $25,000, any party can, within 30 days after the entry of the award by
the arbitrator, appeal the award to a three-arbitrator panel administered by the
Administrator. (If an appeal is not filed within that time period, the
arbitration award shall become final and binding). The panel shall reconsider de
novo (anew) any aspect of the initial award requested by the appealing party.
This means that they shall reach their own findings of fact and conclusions of
law rather than deferring in any manner to the original arbitrator. The decision
of the panel shall be by majority vote. Reference in this Arbitration Agreement
to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s
decision has been taken. The costs of such an appeal will be borne in accordance
with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision
of the appeal panel is subject to judicial review only as provided under the
FAA.
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
California Privacy Notice
Breakthrough Broker (“our,” “us,” or “we”) respects and is committed to
protecting your privacy. This California Privacy Notice explains how we collect,
use, and disclose Personal Information, when and to whom we disclose such
information, and the rights you, as a California resident (“Consumer”), have
regarding your Personal Information (“California Privacy Rights”).
Collection of Categories of Personal Information:
In the preceding 12 months, Breakthrough Broker has collected, and will continue
to collect, the following categories of Personal Information from you:
• Identifiers such as name, address, telephone number, IP address, email
address, account name, social security number, driver’s license number, state
identification card, financial information, date of birth, or other similar
identifiers;
• Characteristics of protected classifications under California or Federal law;
• Commercial information, including records of personal property, products or
services purchased, or other purchasing or consuming histories;
• Internet or other electronic network activity information including, but not
limited to browsing history, search history, and information regarding a
Consumer’s interaction with an Internet website or advertisement;
• Geolocation data;
• Professional or employment information;
• Education Information.
This Personal Information is collected from the following sources:
• You or your agent on applications or other forms or from your transactions or
interactions (including use of websites and mobile applications and engagement
with advertisements);
• Third party advertising vendors, data analytics providers, internet service
providers, and social networks;
• Breakthrough Broker, our affiliates, or others you have transacted with;
• Consumer reporting agencies and/or governmental entities, either directly from
these entities or through others.
This Personal Information is collected for the following business purposes:
• To provide products and services to you or in connection with a transaction
involving you;
• To advertise to you;
• To perform a contract between Breakthrough Broker and the Consumer;
• To improve our products and services;
• To comply with legal obligations;
• To protect against fraudulent or illegal activity;
• To communicate with you about Breakthrough Broker or our affiliates;
• To maintain an account with Breakthrough Broker or our affiliates;
• To provide support, personalize, and develop our websites, products, and
services;
• As described to you when collecting your personal information or as otherwise
permitted by the California Consumer Privacy Act.
Disclosures of Personal Information for a business purpose:
In the preceding 12 months, Breakthrough Broker has disclosed, and will continue
to disclose, the categories of Personal Information listed above for a business
purpose. We may disclose Personal Information for a business purpose to the
following categories of third parties:
• Our affiliates and other Breakthrough Broker subsidiaries;
• Non-affiliated third parties, as directed or permitted by you;
• Businesses in connection with the sale or other disposition of all or part of
the Breakthrough Broker business and/or assets;
• Service Providers and non-affiliated third parties such as internet service
providers, data analytics providers, and social networks;
• Law enforcement or authorities in connection with an investigation, or in
response to a subpoena or court order.
Sale and Sharing of Personal Information:
We may also share your Personal Information by selling it to third parties,
subject to your right to opt-out of those sales. In the preceding 12 months, as
the terms are defined by the California Consumer Privacy Act (CCPA), as amended,
Breakthrough Broker has “sold” or “shared” the following categories of
information:
• Internet or other electronic network activity information
Breakthrough Broker has “sold” the above categories of information collected
from your activity on our websites to non-affiliated third parties such as
internet service providers, data analytics providers, and social networks, to
enable us to provide you with advertisements about our products and services on
our websites and on third party websites. These “sales” may also take the form
of “sharing,” as defined under California law, when those third parties engage
in cross-context behavioral advertising on our behalf. To opt-out of Personal
Information “sales” or “sharing” visit Support@BreakthroughBroker.com.
Breakthrough Broker does not “sell” or “share” Sensitive Personal Information.
Our Personal Information sales or sharing does not include information about
individuals we know are under age 16.
Retention Periods:
Due to the breadth and variety of data collected by Breakthrough Broker, it is
not possible for us to provide you with a comprehensive list of timeframes
during which we retain each category of Personal Information. Breakthrough
Broker retains categories of information as reasonably necessary to satisfy the
purpose for which we collect the information. This time period varies depending
on the purpose for which we collected the information, the nature and frequency
of our interactions and relationship with you, whether we have a legal basis to
continue retaining the information, industry practices, the value and
sensitivity of the information, and state and federal recordkeeping
requirements.
Personal Information of minors:
Breakthrough Broker does not knowingly collect the Personal Information of
minors.
Sensitive Personal Information:
Consumers have the right to limit the use or disclosure of their “Sensitive
Personal Information” to just actions necessary to perform specific purposes
listed in the CCPA, as amended. Sensitive Personal Information includes
government identifiers (social security, driver’s license number or state ID,
and passport number), precise geolocation, racial or ethnic origin, and other
categories defined in California law. Breakthrough Broker does not use or
disclose Sensitive Personal Information for any purposes other than those
specified in the CCPA, as amended.
Right to know:
Consumers have a right to know about Personal Information collected, used,
disclosed, shared, or sold, including the categories of such Personal
Information, as well as the purpose for such collection, use, disclosure,
sharing, or selling, categories of third parties to whom Personal Information is
disclosed, shared or sold, and the specific pieces of Personal Information
collected about the consumer. Consumers have the right to request Breakthrough
Broker disclose what Personal Information it collected, used, and disclosed in
the past 12 months, or since January 1, 2022.
Right to request deletion:
Consumers have a right to request the deletion of their personal information.
Right to Correct:
Consumers have the right to correct inaccurate Personal Information.
Right to non-discrimination:
Consumers have a right not to be discriminated against for exercising their
consumer privacy rights. We will not discriminate against Consumers for
exercising any of their California Privacy Rights.
Privacy Requests
To exercise any of your California Privacy Rights, or if acting an authorized
agent on behalf of another individual, please visit California Privacy Request,
call us Toll Free at 888-413-1748, or write to the address at the end of this
notice.
Upon making a California Privacy Request, Breakthrough Broker will verify the
consumer’s identity by requiring an account, loan, escrow number, or other
identifying information from the consumer.
The above-rights are subject to any applicable rights and obligations including
both federal and California exemptions rendering Breakthrough Broker, or
Personal Information collected by Breakthrough Broker, exempt from certain CCPA
requirements.
A Consumer may use an Authorized Agent to submit any CCPA request. Authorized
agents’ requests will be processed like any other CCPA request, but Breakthrough
Broker will also require the Consumer provide the agent written permission to
make the request and verify his or her identity with Breakthrough Broker.
California Privacy Notice – Effective Date:
Contact for more information:
For questions or concerns about Breakthrough Broker’s California Privacy Notice
and privacy practices, or to exercise any of your California Privacy Rights,
please follow the link “ California Privacy,” call Toll Free 888-413-1748, or by
mail to:
Breakthrough Broker
3457 Ringsby Court, Unit 212
Denver, CO 80216
Email: Support@BreakthroughBroker.com
Please review the full terms and conditions before agreeing.
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