Terms of Service
1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.
1.3 iBreakthrough respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. iBreakthrough’s privacy policy is expressly incorporated into this Agreement by this reference.
1.4 iBreakthrough reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. iBreakthrough will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.
1.5 iBreakthrough reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. iBreakthrough further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on iBreakthrough’s belief that your use of the Service violates that permitted by this Agreement or applicable law.
1.6 IF YOU DO NOT AGREE TO THE PROVISION OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICE.
2. Rights in iBreakthrough Service
2.1 The Service is protected and by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by iBreakthrough.
2.2 iBreakthrough hereby grants to you for the term of this Agreement a worldwide, revocable, nonexclusive license to use the Service solely for your personal, organizational, or internal use only. You will make no other use of the content without the express written permission of iBreakthrough, the copyright owner or its authorized agent. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service that was not expressly created by yourself or someone in your organization with your permission. You also will not “frame” any of the content on the Service or the Service itself without the express written permission of iBreakthrough and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in the Service or in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to iBreakthrough and/or its licensors.
3. User Activities and User Content on the Service
3.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.
3.5 iBreakthrough has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and within the Comments section, and iBreakthrough is not responsible for any content of this material or information. However, iBreakthrough reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, iBreakthrough reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.
4. Disclaimer of Warranties & Limitation of Liability
4.1 You expressly agree that use of the Service and the iBreakthrough Software (as defined below) is at your sole risk. Neither iBreakthrough nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents) warrant that the Service or will be uninterrupted or error free or that they will be free of viruses or other harmful components nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses.
4.2 THE SERVICE, ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 Notwithstanding anything in this Agreement to the contrary, under no circumstances, including, but not limited to, negligence, shall iBreakthrough or any of its parents, subsidiaries, related companies, affiliates, assignees, successors-in-interest, employees, agents, distributors, third party content providers, partners, licensees, licensors, or sponsors or any of their respective directors, officers, employees, agents and independent contractors (individually and collectively, the “iBreakthrough entities”) be liable for any direct, indirect, incidental, special or consequential damages, losses or expenses arising out of or relating to the use of, the misuse of, or the inability to use, any content, information, material, postings, posting responses, modules, features, links or other elements at iBreakthrough, or any failure of performance, error, omission, interruption, inconvenience, unauthorized access, defect, incorrect sequencing, delay in operation or transmission, virus, configuration or compatibility problem, or line or system failure. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages, losses or expenses. You specifically acknowledge and agree that none of the iBreakthrough Entities is or will be liable for any defamatory, offensive or illegal conduct of any user. In no event shall the aggregate, total liability of the iBreakthrough Entities exceed the amount of the Course Fees paid by you to iBreakthrough during the twelve (12) months prior to any claim of injury or damage.
5. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless iBreakthrough (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. iBreakthrough reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
6. Termination
iBreakthrough may terminate this Agreement and your use of the Service, or discontinue the Service, at any time for breach of this agreement and/or failure to pay for or renew services as per the licensing agreement. iBreakthrough shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which iBreakthrough, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
7. Law Governing Performance and Disputes
This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of California, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of California and the United States District Court for the State of California in any and all actions, disputes, or controversies relating to this Agreement
9. General Terms
This Agreement and any rules posted on the Service by iBreakthrough constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either iBreakthrough or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of iBreakthrough and its successors, trustees, and permitted assigns. iBreakthrough may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by iBreakthrough does not relieve you of your obligations under this Agreement.