Terms of Use and Product Warranty - BreakAway Anchor, LLC

Introduction. These Terms of Use (these “Terms” or this “Agreement”) govern your use of Breakaway Anchor (https://breakawayanchor.com) and constitute a license for your use of the Website granted by Breakaway Anchor LLC (“Breakaway Anchor,” “we,” or “us”). These Terms also govern your purchase of any products from Breakaway Anchor (each a “Product” and collectively the “Products”). By accessing, viewing, or interacting with the Website, and/or purchasing one or more Products from Breakaway Anchor, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at (https://breakawayanchor.com) and/or do not wish to be bound by these Terms or the Privacy Policy, do not use the Website or purchase any Products from Breakaway Anchor. If you are accepting these Terms of Use on behalf of a business, you represent and warrant that you have sufficient authority to bind the business, and that your acceptance of these Terms shall bind the company on whose behalf you are accepting these Terms.
Your Use of the Website.
1. Breakaway Anchor LLC grants you a limited, nonexclusive, nontransferable, revocable license to use the Website subject to the restrictions set forth in these Terms of Use.
2. The Website is offered and available to users who are at least 18 years of age or older and reside in the United States of America or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Breakaway Anchor LLC and meet all of the eligibility requirements for doing so in the state in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access the Website. The Website is not intended for children under the age of 13.
Access and Account Security.
1. Breakaway Anchor reserves the right to withdraw or amend this Website, and any product it provides on the Website, in our sole discretion, and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, or if, as a result of such unavailability, you claim to suffer any damages. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
2. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
3. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (https://breakawayanchor.com/privacy-policy/), and you consent to all actions we take with respect to your information consistent with the Privacy Policy.
4. If you choose, or are provided with, a user name, password or any other piece of information as part of the Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify Breakaway Anchor immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Breakaway Anchor has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation.
Intellectual Property Rights.
1. The Website and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Breakaway Anchor, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, distribution, or dissemination.
  4. If the Website includes social media features with certain content, you may take such actions as are enabled by such features.
3. You must not:
  1. Modify copies of any materials from this site.
  2. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  4. Reverse engineer, decompile, disassemble, reproduce, or create any derivative works from any portion or subset of the Website or any content thereon.
4. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in violation of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
5. The name and logo of Breakaway Anchor, and all related names, logos, product, and service names, designs, and slogans are trademarks of Breakaway Anchor LLC or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product, and service names, designs and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses.
1. You may use the Website and any product you purchase from Breakaway Anchor only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or any product you purchase from Breakaway Anchor:
  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  3. To transmit, or procure the sending of, any advertising or promotional material inconsistent with the Website, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
  4. To impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or other personally identifying characteristics associated with such a person or entity.
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Breakaway Anchor or users of the Website or expose them to liability.
2. Additionally, you agree not to:
  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  2. Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  3. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of the Website.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website.
  7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  8. Otherwise attempt to interfere with the functionality of the Website.
3. Monitoring and Enforcement; Termination. Breakaway Anchor at all times shall have the right to:
  1. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  2. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  3. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use, or local, state, or federal law or regulation.
4. Without limiting the foregoing, Breakaway Anchor has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BREAKAWAY ANCHOR AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY ADMINISTRATOR OF THE WEBSITE DURING OR AS A RESULT OF SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BREAKAWAY ANCHOR OR LAW ENFORCEMENT AUTHORITIES.
5. Breakaway Anchor does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Breakaway Anchor assumes no liability for any action or inaction regarding transmissions, communications, or content placed on the Website by any user or third party and shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Warranties.
1. Use Website and Breakaway Anchor Products At Your Own Risk. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BREAKAWAY ANCHOR NOR ANY PERSON ASSOCIATED WITH BREAKAWAY ANCHOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, OR ANY WARRANTY REGARDING A BREAKAWAY ANCHOR PRODUCT OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, NEITHER BREAKAWAY ANCHOR NOR ANYONE ASSOCIATED WITH BREAKAWAY ANCHOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. Disclaimer of Warranties Relating to Website. You understand that Breakaway Anchor cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
3. Express Limited Warranty Relating to Breakaway Anchor Product. We warrant that for one year following your purchase of a Breakaway Anchor, it will be free from defects in materials and workmanship. This Express Limited Warranty does not cover damage due to (a) transportation; (b) storage; (c) improper use; (d) failure to follow the Operator Manual or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
4. Additional Disclaimer. BREAKAWAY ANCHOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH FOR THE WEBSITE AND ANY BREAKAWAY ANCHOR PRODUCT, NOT SPECIFICALLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Limitation of Liability.
  1. IN NO EVENT WILL BREAKAWAY ANCHOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU BY BREAKAWAY ANCHOR, ITS AFFILIATES, ITS MEMBERS, ITS MANAGERS, ITS EMPLOYEES, AND ITS CONTRACTORS, FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO BREAKAWAY ANCHOR IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
  2. IN NO EVENT WILL BREAKAWAY ANCHOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE ANY BREAKAWAY ANCHOR PRODUCT, AND ANY DAMAGE CAUSED BY YOUR USE OF OR INABILITY TO USE ANY BREAKAWAY ANCHOR PRODUCT OTHER THAN A CLAIM FOR THE EXPRESS LIMITED WARRANTYSET FORTH IN SECTION 6.3, ABOVE, IN WHICH CASE YOUR EXCLUSIVE REMEDY IS A REPLACEMENT PRODUCT. BY USING A BREAKAWAY ANCHOR PRODUCT, YOU HEREBY ACKNOWLEDGE THAT BREAKAWAY ANCHOR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU BY BREAKAWAY ANCHOR, ITS AFFILIATES, ITS MEMBERS, ITS MANAGERS, ITS EMPLOYEES, AND ITS CONTRACTORS, FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO BREAKAWAY ANCHOR FOR A BREAKAWAY ANCHOR PRODUCT.
6. Indemnification. You agree to defend, indemnify, and hold harmless Breakaway Anchor, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, or the violation of these Terms of Use by a third party to whom you granted your access to Breakaway Anchor.
Feedback. You may choose to, or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve products and services we provide (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Breakaway Anchor under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to any person or entity.
Third Party Access. If you grant an employee, agent, volunteer, contractor, or other third party (each a “Third Party”) access to your data, such Third Party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall Breakaway Anchor be liable for any action taken by such a Third Party, including, but not limited to, data loss, data corruption, and any action on another site or via a different entity which the Third Party uses your data accessed on the Website.
Miscellaneous.
1. No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed a extension of the time for performance of any other obligations or acts.
2. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
3. These Terms are governed by the laws of the State of Michigan and any disputes arising out of these Terms shall be litigated in a court of competent jurisdiction sitting in Kent County, Michigan, which shall apply the laws of the State of Michigan without giving effect to any choice or conflict of law provision or rules.
4. The Website is controlled by facilities in the United States of America. Breakaway Anchor makes no representations that the Website is appropriate or available for use in other locations. If you access the Website from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
5. These Terms of Use are the entire and exclusive agreement between Breakaway Anchor and you regarding the Website and any products you purchase from Breakaway Anchor, and these Terms of Use supersede and replace any prior agreements between us and you regarding the Website and any such product.