Terms and Conditions ("Terms") Jan 1st, 2019
YOU AGREE THAT YOU WILL NOT USE BreakDown Inc. WHILE DRIVING OR OPERATING A MOTOR VEHICLE.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.breakdowninc.com website, mobile site, and the BreakDown Inc. smart-phone applications (the "Service") operated by BreakDown Inc. ("us", "we", "our", "company", or "BreakDown Inc."). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. We reserve the right, at any time, to modify, alter, or update the Terms and Conditions of this agreement without prior notice. Your use is deemed to be a voluntary consent to abide and be bound by the terms and conditions set forth herein, and each amendment as and when made and effective. Modifications shall become effective immediately upon being posted at https://www.breakdowninc.com/terms. Except as provided in this paragraph, this Agreement may NOT be amended.
1. Description of Service
BreakDown Inc., ("BreakDown Inc., "Us," "We", or "Company") services are offered to you ("Member or User"), conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this Agreement. We provide online advertising and marketing services for repair facilities, roadside services, towing and recovery and other trucking related locations and services across the United States ("Service"). Our services are organized to provide an online accessible business directory ("Advertisers") allowing individuals to access business and advertiser listings within their immediate area and across the United States. This Agreement applies to any BreakDown Inc. or products such as websites or applications owned and operated by us. The Service includes the website at www.breakdowninc.com ("Website, Sites or App"); and BreakDown Inc. Applications ("Apps"). Member must provide (1) all equipment necessary for their own Internet connection, including but not limited to computer, phone, internet-enabled mobile device and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Member Accounts
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Members agree to notify BreakDown Inc. of any unauthorized use of Member's account or any other breach of security known or reasonably should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BreakDown Inc.
3. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BreakDown Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. BreakDown Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
4. Modifications and Interruption to Service
BreakDown Inc. reserves the right to modify or discontinue the Service with or without notice to the Member BreakDown Inc. shall not be liable to Member or any third party should BreakDown Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BreakDown Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Prohibited Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use of BreakDown Inc. Sites and Services strictly in accordance with these terms and conditions. As a condition of your use of these Sites, you warrant to us that you will not use Service to recreate or compete with us, to solicit or harass our advertisers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to BreakDown Inc. for any such damages, and will indemnify BreakDown Inc. in the event of any third party claims against us based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any of our sites or services at any time. All information about our advertisers is confidential and for your personal use only. If it is determined or suspected by BreakDown Inc. in its sole discretion that you are misusing or attempting to misuse or circumvent our services or sites, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, use of bots, scraping content, infiltrating, fraud, advertising, jamming and spamming, we reserve the right, in our sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
7. Information Provided to Us
Upon using BreakDown Inc., you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, on our website or apps. Some of this information may be sent to advertisers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our advertisers and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a search request, you agree to be contacted by BreakDown Inc. and/or its partners and advertisers. You agree that BreakDown Inc. may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of our services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages BreakDown Inc. intends to send to you are not sent to another entity who acquires such mobile telephone number. You promise that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or BreakDown Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BreakDown Inc. has the right to refuse any current or future use of its sites and services by you. You are responsible for any use of the BreakDown Inc. sites or services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO BREAKDOWN INC. AND ITS PARTNERS AND ADVERTISERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO BREAKDOWN INC.
8. Intellectual Property
All content included as part of the Service and Sites, such as text, graphics, logos, images, video, audio, as well as the compilation thereof, and any proprietary software use on the Sites, is the property of BreakDown Inc. and is protected by federal copyright, trademark and patent laws. Intellectual property rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or Services. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site or Services. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BreakDown Inc. is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BreakDown Inc. BreakDown Inc. and Breakdowninc.com are trademarks of BreakDown Inc. BreakDown Inc. trademarks may not be used in connection with any product or service that is not provided by BreakDown Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BreakDown Inc. All other trademarks displayed on BreakDown Inc. website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Service Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BreakDown Inc.
Misuse of any intellectual property is strictly prohibited, and we may aggressively enforce our intellectual property rights via civil and criminal proceedings.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BreakDown Inc., Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Telephone: (800) 805-7820
By Email: firstname.lastname@example.org
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. DISCLAIMER OF WARRANTIES
THE SERVICES PROVIDED BY BREAKDOWN INC. ARE ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. BREAKDOWN INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ADVERTISERS, INFORMATION, CRITERIA, PROCEDURES, INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE. BREAKDOWN INC. DOES NOT SCREEN, RATE OR REFER ANY ADVERTISERS. BREAKDOWN INC., ITS AGENTS, OFFICERS, OR ATTORNEYS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, OUR SITES OR SERVICES. BREAKDOWN INC. SHALL NOT HAVE ANY LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR BREAKDOWN INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF BREAKDOWN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
YOU AGREE TO INDEMNIFY BREAKDOWN INC., AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF SITES OR SERVICES, IN CONNECTION WITH BREAKDOWN INC., WITH REGARD TO ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
14. General Provisions
You acknowledge and agree that BreakDown Inc. Sites and Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and BreakDown Inc. sole obligation to you or any third party for any claim arising out of your use of services or sites, is that you are free to discontinue your use of BreakDown Inc. sites and services. The Terms and Conditions will inure to the benefit of BreakDown Inc.'s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of BreakDown Inc. to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of BreakDown Inc. sites or services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and Conditions are governed by the laws of the State of Illinois, without giving effect to any choice of law rules, as such laws are applied to agreements entered into and to be performed entirely in the State of Illinois and between Illinois residents. You agree to submit to jurisdiction in Illinois and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in DuPage County, Illinois. These Terms and Conditions constitute the entire agreement between you and BreakDown Inc., Inc. and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Illinois. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.