Terms of Use

We have set out below certain Terms of Use (“Terms”) which govern your use of this website (“Site”) and the Breakaway Funding™ platform and trademarks. Please read the following Terms carefully before using this Site or opening an investment account. Please note that your use of this Site constitutes your agreement to these Terms, our Privacy Policy along with all other operating rules, policies and procedures and additional terms and conditions published on the Site (which are incorporated by reference).

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms at any time with or without notice. Please review our Terms periodically for changes. Your use of the Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must immediately discontinue use of the Site.

Disclaimer of Warranties

Although we attempt to provide accurate information, we do not guarantee the accuracy of information found on the Site. Your reliance on information found on this Site is at your own risk.

The Site, and all its contents, is provided to you “as is,” without warranty of any kind, either express or implied. We make no representations, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of the rights of third parties, course of performance data accuracy, systems integration, or quiet enjoyment.

Breakaway Funding, our affiliates, suppliers and other service providers do not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information, you should not assume that the information provided is always up to date or that this site contains all the relevant information available. We assume no obligation to verify or maintain the currency of any information provided on the Site.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): We make no guaranty of confidentiality or privacy of any communication or information transmitted on our Site or any website linked to our Site. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by our Site or otherwise connected with your use of our Site or any service provide through our Site.

Waiver and Release

If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of these Terms, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

Under no circumstances will Breakaway Funding, our affiliates, suppliers, or anyone involved in creating this Site and its contents be liable for any damages or injury, including direct, indirect, incidental, special, consequential, punitive, exemplary or other damages, including, without limitation, damages for loss of contributions, profits, goodwill, use, data or other tangible or intangible losses or the costs of cover or procuring substitute products, services or technology, including, by way of example and not limitation, any damages resulting from or relating to: (a) termination, (b) the use of, or inability to use, this Site or Breakaway Funding content (including errors, mistakes, inaccuracies of or the infringement by Breakaway Funding or member content), (c) bugs, viruses, Trojan horses or the like (regardless of the source of origination), hacking, tampering or other unauthorized access or use of the service including unauthorized use of your account or the information contained therein, or (d) the defamatory, offensive or illegal conduct of any user, member or other third party. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

This Limitation of Liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if breakaway funding has been advised of the possibility of such damage. The foregoing Limitation of Liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:

  • death or personal injury caused by our negligence or that of any of its officers, employees or agents;
  • fraudulent misrepresentation or intentional misconduct; or
  • any liability which it is not lawful to exclude either now or in the future.

This Site is controlled and operated from its facilities in the United States. Breakaway Funding makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on this Site are solely directed to individuals, companies, or other entities located in the U.S. resulting from any circumstance involving this Site or its content (including but not limited to damages or delay in operation or transmission, breach of security, line failure, defamatory, offensive or illegal conduct of any user of this site, or computer virus, worm, Trojan Horse or other harmful component), even if you have advised us in advance of the possibility of such damage.

Use of Intellectual Property

The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, software, logos, titles, characters, names, and button icons (collectively the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property including trademarks, service marks, company names, and logos appearing on this Site were provided with the permission of their owner. No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted in writing.

You may browse through the Site and occasionally download small amounts of material appearing on the Site that are of personal interest to you for your personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

Business Directory

By submitting your business information to the directory you agree to the Terms and Conditions of usage of the Breakaway Funding, LLC website where your company information will be displayed for a limited period, followed by the designated paid period for which you will be billed. No refunds permitted at this time.

Trademarks

Breakaway Funding holds pending trademarks for the following: Community Capital Marketplace®, Hybrid Funding®, Hybrid Crowdfunding Loan Program®, Where There is Community There’s Capital®, Hybrid Crowdfunding™ and Hybrid Crowdfunding Program™.

Proper Use of Our Site

You may not use this Site for any purpose that is unlawful or prohibited by our Terms, or cause damage on or through the Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. Your access to the Site may be terminated immediately in Breakaway Funding’s sole discretion, with or without notice, if you fail to comply with any provision of our Terms.

Modification and Termination

We reserve the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof at any time for any reason with or without notice to you. We shall not be liable to you or any third party for any termination of your access to the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Breakaway Funding, our affiliates, officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs.

Links and Frames

The Site may contain links to other web or news sites operated by third parties and may also provide third party content on our Site by “framing” or other methods. We do not monitor or control the content of any linked or framed sites and make no representations regarding, and are not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third party site or rely on information found within third party content appearing on this Site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Breakaway Funding, LLC without restriction.

Feedback and Submissions

Except as described in Site’s Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sub-licensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called “moral rights” have been waived. If any court determines that we do not retain exclusive ownership of any such material, information, or ideas, then we still retain a non-exclusive license to use them as set forth in our licensing agreements.

General

  • (a) Governing Law. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Breakaway Funding that arises in whole or in part from your accessing this Site or using any Service of Break shall be decided exclusively by a court of competent jurisdiction located in the City and County of San Francisco, California.
  • (b) English Language. As a courtesy and convenience only, these Terms may be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of these Terms governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.
  • (c) Export Compliance. You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
  • (d) Cooperation with Authorities and Police Enforcement. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of such conduct. When requested, Breakaway Funding will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of this Site or Website.
  • (e) Notification Procedures. Breakaway Funding 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 conspicuous posting of such notice on our website, as determined by Breakaway Funding in our sole discretion. Breakaway Funding reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms.
  • (f) No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Breakaway Funding’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

This Cookie Policy is effective as of December 1, 2013

This Cookie Policy of Breakaway Funding, LLC (“us,” “we,” “our,” or “Breakaway Funding”) explains our use of cookies on this website (the “Site”) and should be read along with our Privacy Policy posted at http://www.breakawayfunding.com/privacy. We may amend this Cookie Policy at any time and all changes will be made on this Web page. The changes will take effect once they have been posted on the Site. Therefore, you should review this Cookie Policy on a regular basis. Capitalized terms, if not defined in this Cookie Policy, are defined in the Terms of Use or the Privacy Policy.

If you do not agree with this Cookie Policy, do not use or access (or continue to access) the Site or services available through the Site (the “Service”).

We use cookies and other automated data collection tools when you use the Service. When you visit www.breakawayfunding.com, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer.

Breakaway Funding uses session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser.

You may refuse to accept cookies by activating the setting on your browser that allows you to block the setting of all or some cookies. However, if you decide to block or restrict cookies on your browser, you may be unable to access all or parts of the Site. Please be aware that restricting cookies may impact your user experience of our Site.

Breakaway Funding uses the following cookies:

Strictly necessary or essential cookies: Strictly necessary or essential cookies are critical to the functionality and to navigate around the Site and use its features. For example, we use these cookies to keep you logged in to the Service and to remember relevant information about you when you return to the Site.

Performance cookies: Performance cookies collect anonymous information about how you use the Breakaway Funding Site. For example, these cookies help us improve the usability of the Site by allowing Breakaway Funding to track how users move around the Site when they are using it.

Functionality cookies: Functionality cookies also collect anonymous information. They can also provide security in transactions. For example, we use functional cookies to remember the choices you make and provide enhanced features to improve your user experience. By way of example, these cookies remember your user name and configurations of the Service that you customize.

Advertising and targeting cookies: Advertising and targeting cookies are used to deliver advertisements that are relevant to you and your interests, and be used to chart the effectiveness of an ad campaign. They are usually placed by third-party advertising networks with a website operator’s permission, but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organizations, including other advertisers. Third-party advertisement networks will show these cookie-triggered ads on sites across the Internet.

Third-party advertisement networks also use advertising and targeting cookies to allow Breakaway Funding: (a) to reach people who previously visited our Site and match you with the right message and (b) to attract you back to our Site.

Breakaway Funding does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. You should consult the respective privacy policies of these third-party ad servers or ad networks. The Breakaway Funding privacy policy does not apply to, and we cannot control the activities of, such advertisers.

Log files, web beacons, clear gifs: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

We use this information to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make Breakaway Funding better for our Users.

If you continue to use this Site without changing your browser settings, you will have consented to our cookie usage and agree that you understand our Cookie Policy.

Contacts

For any questions or comments regarding these Terms or the use authorized use of our intellectual property please contact us.

Breakaway Funding, LLC
150 Gate Five Road Suite 102
Sausalito, CA 94965
(415) 729-9482
info@breakawayfunding.com