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.
Usage Information: We may collect Usage Information from you as follows:
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.
Managing Cookies:
If you wish to opt out of allowing certain cookies, you may do so by changing your browser settings so that cookies from our website cannot be set. Please note that if you delete, block, or otherwise restrict cookies, or use a different computer or Internet browser, you will need to renew your cookie management choices.
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. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647 (Chrome);
(b) https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);
(c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and
(f) https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).
Please note that this Cookie policy does not apply to, and we are not responsible for, the privacy practices of third-party websites which may be linked to our websites.
Web Analytics and Web Session Recording Technologies:
The Company uses industry standard web analytics to track web visits. We and third parties also use tools that enable us to track certain aspects of a user’s visit to our websites. These technologies help us better manage content on our websites by informing us what content is effective, how consumers engage with our websites, and how consumers arrive at and/or depart from our websites. The software typically uses two methods to track user activity: (1) “tracking pixels” and (2) “clear gifs.” Tracking pixels are pieces of executable code that are embedded in a web page that track usage activity including which pages are viewed, when they are viewed, and how long the pages are viewed. Clear gifs are tiny graphics with unique identifiers which are embedded in web pages and email messages that track whether a user views a web page or email message. User activity information may be associated with additional information about a user’s session and Personal Information, if provided by the user. To better assess and optimize our marketing activities, we may use a tool called the “Metal Pixel” operated by Meta (formerly Facebook). Facebook is able to determine the visitors of our online offers as a target group for the presentation of advertisements (so-called “Facebook ads”). Accordingly, we use the Meta pixel to display our Facebook ads only to Facebook users who have shown an interest in our website or who have specific characteristics that we submit to Facebook. Meta pixel allows us to ensure that Facebook ads are in line with the potential interest of users. Meta pixel also allows us to track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users have been redirected to our website after clicking on a Facebook ad. The Meta pixel may be directly integrated into our website by Facebook and can store a cookie on your device. If you then log in to Facebook or visit Facebook when you are logged in, your visit to our online offer will be noted in your profile. The data collected about you is anonymous for us, i. e. it does not allow us to draw conclusions about the identity of the users. However, the data is stored and processed by Facebook so that it can be linked to the respective user profile and used by Facebook as well as for its own market research and advertising purposes. If we transfer data to Facebook for comparison purposes, it is encrypted locally in the browser and only then sent to Facebook via a secure https connection. This is done with the sole purpose of matching the data encrypted by Facebook. For more information about Facebook’s policies and practices, please see the Facebook Data Usage Policy at: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, visit the Facebook Help Center at: https://www.facebook.com/business/help/651294705016616. Your use of our website implies your consent to the use of Meta Pixel. You may manage your preferences or opt out of data collection through Metal Pixel by vising and following the instructions on how to set up use-based advertising at: https://www.facebook.com/settings?tab=ads.
We may use technologies for the following purposes across our websites: We use developer tools that allow us to collect information that enables us to diagnose and resolve bugs or user issues with our websites. We also use services to monitor and improve our services by helping us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. These services use cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website.
We may use a tool called "Fullstory" to monitor and improve our services. FullStory is a technology service that helps us better understand our users experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don’t like, etc.) and this enables us to build and maintain our service with user feedback. FullStory uses cookies and other technologies to collect data on our users’ behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our website. FullStory stores this information in a pseudonymized user profile. FullStory is contractually forbidden to sell any of the data collected on our behalf. For more information about Fullstory’s policies and practices, please see Full Story’s privacy policy at https://www.fullstory.com/legal/privacy-policy/. You can opt out Fullstory's services by following these instructions: https://www.fullstory.com/optout/.
We may also use Google Analytics, an independent web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our website. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information about Google’s policies and practices, please see Google’s privacy policy at https://www.google.com/intl/en/policies/privacy. You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/. Please note that if you opt out, analytics companies other than Google Analytics may continue to aggregate and analyze data collected about you on our website.
We may also use Microsoft Clarity to monitor and improve our services. Microsoft Clarity is a website analytics service that we use to track how users interact with our website. The service collects data on user behavior, such as clicks, scrolls, and navigation. For more information about Microsoft Clarity’s policies and practices, please see Microsoft Clarity’s privacy policy at https://privacy.microsoft.com/en-us/privacystatement. You can deactivate Microsoft Clarity’s services by contacting us directly at support@BreakthroughBroker.com. We reserve te right to remove or add new analytic technologies.
Chat Bot Technology:
We may also use third-party service providers to provide chat services for our clients to communicate with us regarding your account, payments, and other general questions you may have. As you navigate our websites and use the chat systems with us, we attempt to protect your privacy to the maximum extent possible. However, some of the information that we receive through this website and your interactions with the chat systems may be tracked, such as the date you communicate with us, the last day you contacted us, and other messages, comments and conversations made through the chat messages. The chat system collects the information that you voluntarily type in the chat bot when you initiate a query through the chat system and respond to a query from the chat system. Additionally, when you are using our chat system, it collects interactions that you have made into the chat system while communicating with a customer service representative. This data is used to understand your preferences, provide personalized responses, and enhance the performance and functionality of the chat bot. We may retain this information for a reasonable period unless you request its deletion. You can maximize the benefits of your privacy partnership with us by making informed decisions about whether to share personally identifiable information with us through our website. Third party chat bot systems may capture, record, or analyze your chat bot communications with us. Through our chat bot services, we may use AI technology (“Bot”) to power the chat functionality which is intended to provide immediate responses to your questions. While we have made every effort to ensure that the Bot provides accurate and up-to-date information, please understand that it may not be able to address more complex queries fully and sometimes, it might even give a completely wrong answer. The information provided by the Bot should not be solely relied upon for making critical decisions or resolving complex issues. Users are responsible for verifying and cross-referencing the information provided and should exercise caution and judgment when relying on its responses.
Under no circumstances shall BreakthroughBroker be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use of the chat bots on its websites. This includes, without limitation, any damage, loss, or injury caused by error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of the chat bot. While we make efforts to ensure the availability and reliability of the chat bot, there may be instances where it is unavailable or experiences technical issues. Breakthrough Broker shall not be held responsible for any inconvenience or damages arising from such occurrences.