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Breakroom Ventures, LLC. – Terms of Use

 

  1. INTRODUCTION

Welcome to Breakroom Ventures, LLC. Please read this Agreement carefully. This Agreement is a legal contract between you (an individual) and Breakroom Ventures, LLC. and its affiliates (“Breakroom Ventures,” or “we” or “us”). The following Terms of Use in this Agreement are mutually agreed upon by Breakroom Ventures and you.

  1. USAGE MEANS ACCEPTANCE

By using the Breakroom Ventures App (the “App”), you are agreeing to all the terms in this document (sometimes referred to as the “Agreement”). PRINT OUT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

By your access and use of this App, you are agreeing to the terms of the Breakroom Ventures Privacy Policy, which is incorporated into these Terms of Use by this reference.

If you do not agree to the following terms, do not access or use the App.

  1. GENERAL

The “Content” of this App includes text, graphics, logos, icons, images, audio or video content, and digital or printable downloads, as well as the design, selection, and arrangement of this content.

Should you decide to input your personal information into the App, such information will be referred to in this Agreement as “Your Personal Information”. More information regarding the Personal Information we collect, disclose and use can be found in the Breakroom Ventures Privacy Policy.

  1. CHANGES TO OUR AGREEMENT

We reserve the right to make changes and updates to this document at any time at our sole discretion.

We will notify you of material changes to this Agreement by posting the updated Agreement to the App or sending you an electronic communication to your email address, at our discretion.

In addition, products and services made available by Breakroom Ventures may be added, cancelled, substituted, or replaced at our sole discretion.

 

By continuing to use the App after we provide notification of changes and after those changes are made to the Agreement, you are agreeing to the changes.

  1. ACCESS

This App is intended for access only by United States residents. Potential users in any other jurisdiction whose laws or regulations would void this Agreement in whole or in any essential part, or which makes accessing the App illegal, are unauthorized to use the App, and do so entirely at their own risk.

  1. INTELLECTUAL PROPERTY RIGHTS

Copyright 2021 Breakroom Ventures. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the App are copyrighted by Breakroom Ventures, unless otherwise noted. The distinctive and original layout and presentation of the App also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Breakroom Ventures appear throughout the App. The App may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Breakroom Ventures or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

If you give us any feedback or data, such as ideas, comments, suggestions, or questions relating in any way to the App, such information shall be deemed to be non-confidential and we are free to reproduce, use, disclose, and distribute the information to others without limitation. Further, we are free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such ideas, concepts, know-how, or techniques.

You promise that Your Personal Information entered into the App is correct and applies only to you.

In addition, please refer to the Breakroom Ventures Privacy Policy, which discusses how your data may be used. 

 

  1. PAYMENT

If any credit card information that you submit is incorrect or invalid, your payment or order will not be processed. Payment is subject to the approval of the financial institution issuing the card. Neither Breakroom Ventures nor its third-party payment processor has any responsibility or liability if the financial institution refuses to accept or honor your card for any reason. Breakroom Ventures works with a third party payment processor to help ensure the security of your credit card data as further set forth in our Privacy Policy.

  1. HOW YOU MAY USE THE APP

You may print only enough copies of information available from the App for your personal needs. You may not do anything else with the Content, such as re-publish, rent or sell any of the Content yourself.

When using the App, you will NOT:

  1. Pretend to be someone else;
  2. Look at someone else’s information unless you are helping that person use the App;
  3. Interfere with the App;
  4. Try to figure out how the software making up the App works;
  5. Use the information on the App to create and sell a similar service or similar information; or
  6.       Use the App to violate the law.

If you operate another website or app and are interested in linking to our App, you must obtain consent from Breakroom Ventures and agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL http://www.breakroomventures.com and not to any other pages; (3) the link, and use, must be in connection with a website or app of appropriate subject matter; (4) the link, and use, may not be such that may damage or dilute the goodwill associated with Breakroom Ventures’ names and marks; (5) the link, and use, may not create the false appearance that an entity other than Breakroom Ventures is associated with or sponsored by Breakroom Ventures; (6) the link, when activated by a user, must display the App full-screen and not with a “frame” on the linked website or app; and (7) Breakroom Ventures reserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice.

  1. WE CAN SUSPEND YOUR ACCESS

We can suspend or close your access on our App or otherwise cease providing the App in whole or in part at any time and for any or no reason. Our failure to enforce any right, or failure to take action against you regarding your breach of this Agreement, will not be a waiver by us of any later right or breach.

 

  1. NO WARRANTY OR LIABILITY

There is no warranty of any kind, including, without limitation, any warranty of title, merchantability, non-infringement, or fitness for a particular purpose.

WE DO NOT WARRANT THAT THE SOFTWARE OR APP WILL BE UNINTERRUPTED OR ERROR FREE, AND DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP OR SOFTWARE, THE ONLINE COMMUNITY, ANY ADVICE FROM ANY VETERINARY PROVIDERS, OR ANY PRODUCTS OR SERVICES AVAILABLE ON THE APP, IN TERMS OF THEIR CORRECTNESS, USEFULNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT- INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE – WHETHER MADE BY EMPLOYEES OF BREAKROOM VENTURES OR OTHERWISE, WILL BE DEEMED TO BE A WARRANTY BY BREAKROOM VENTURES FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF Breakroom Ventures WHATSOEVER.

WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY COMMUNICATION.

WE ARE NOT LIABLE TO YOU IN ANY WAY.

BREAKROOM VENTURES IS NOT RESPONSIBLE FOR DAMAGES TO YOU FOR ANY REASON.

IN NO EVENT SHALL BREAKROOM VENTURES OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE APP OR ANY LINKED WEBAPP OR TO ANY MATERIAL, INFORMATION, ADVICE, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF YOUR USE OF THE APP, YOUR INABILITY TO USE THE APP OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THE APP, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF BREAKROOM VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE APP. BREAKROOM VENTURES DOES NOT WARRANT OR GUARANTEE THAT FILES OR OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THE APP WILL BE FREE OF INFECTIONS, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT COULD BE HARMFUL TO YOUR COMPUTER SYSTEM.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

Breakroom Ventures does not endorse any third-party programs, products or services, procedures, investments, opinions, or other information that may be mentioned on the App or suggested or provided by any Third Party Providers. Any views expressed by third parties on this App are solely the views of that third party and we assume no responsibility for the accuracy or truth of any statement made by that third party. As an animal owner, you should make your own decision about the reputation of each Third-Party Provider, and about other products and services that may be discussed.

WE MAKE NO GUARANTEES ABOUT THE RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS, OR ABOUT WHETHER ANY PRODUCTS OR SERVICES WILL HELP YOU ACHIEVE THE RESULTS YOU WANT.

  1. YOUR INDEMNIFICATION OF US

You agree to indemnify, defend and hold harmless Breakroom Ventures, its officers, representatives, attorneys, managers, members, directors, employees, consultants, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including without limitation attorneys’ fees) arising from or related to (i) your use of the App; (ii) your use of any material, information, advice, or data downloaded or otherwise obtained from the App or the Third Party Providers; (iii) your violation of this Agreement; (iv) your violation of any third party right; your violation of any applicable law, rule, or regulation; (v) your gross negligence, willful misconduct, or fraudulent activity; (vi) Breakroom Ventures’ reliance on information or data furnished by you, or a representative for you, in connection with your use of the App or Services; (vii) actions or activities that Breakroom Ventures undertakes in connection with the Services or this Agreement at the direct request or instruction of anyone that Breakroom Ventures reasonably believes to be you or your representative; Your failure to properly follow Breakroom Ventures’ instructions with respect to the Services.

COMMUNICATIONS BETWEEN YOU AND BREAKROOM VENTURES

You can contact us through this App or send us an email at [email protected]. Unless you tell us otherwise or the law requires otherwise, you agree to receive all communications from us by email or general posting to the App. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing.

If you do not want legal notices sent by us electronically, you may choose to get legal notices in paper form through the mail. If you choose to receive legal notices in paper form, legal notices in paper form will be sent to you by postal mail, or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you would like legal notices sent in paper form, please contact Breakroom Ventures at [email protected]. 

You are not required to consent to the release of your telephone number in order to purchase any Products of Services. If you provide us with a mobile telephone number or any other telephone number and opt-in to be contacted by us, you are agreeing to our terms of use and providing us with your written consent with respect to telephone contact, including the following:

  1. Breakroom Ventures can call you about any of its, or its Affiliates, Products or Services;
  2. Breakroom Ventures can call you to inquire about re-ordering any of its, or its Affiliates, Products or Services; or
  3. Breakroom Ventures can call you about any of its, or its Affiliates, new Products or Services.

If you provide us with a telephone number and opt-in to be contacted by us, you may opt-out at any time.

  1. YOUR ACCOUNT RESPONSIBILITIES

 

You may need your own account to use certain Breakroom Ventures Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Breakroom Ventures sells products for adults, who can purchase with a credit card or other permitted payment method. Genius Health does not sell products for children. If you are under 18, you may use the Breakroom Ventures Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Breakroom Ventures Household. Breakroom Ventures reserves the right to refuse service, terminate accounts, terminate your rights to use Breakroom Ventures Services, remove or edit content, or cancel orders in its sole discretion

 

Please note that the members of your household are also subject to the provisions governing this account until you notify us otherwise. 

 

  1. DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of ARIZONA, excluding its laws regarding conflicts of laws. The exclusive PLACE for any dispute relating TO THIS AGREEMENT is PHOENIX, ARIZONA. Any disputes related to this Agreement, or Breakroom Ventures will be decided in binding arbitration under the rules of the American Arbitration Association. If any part of this Agreement becomes illegal or unenforceable, that part will be deemed deleted from this Agreement, and the remainder of this Agreement will continue in full force and effect, in a manner that gives effect to the original intent between you and Breakroom Ventures.

Any cause of action or claim relating to this Agreement or the App must be commenced within 1 year after the action or claim arises.

  1. OUR CONTACT INFORMATION

If you have any questions about this Agreement, the Platform, or Services, you may contact Breakroom Ventures at [email protected] or 844-399-8830. Breakroom Ventures may also accept questions or concerns via mailed correspondence to the following address:

Breakroom Ventures, LLC

4280 North Campbell Avenue, Suite 200

Tucson, AZ 85718