Last Modified: May 2020
TERMS AND CONDITIONS
Breakthrough Physical Therapy Marketing, LLC (“Breakthrough”) provides access to the Breakthrough Service and Programs (as hereinafter defined) pursuant to the following terms and conditions (“Terms”). These Breakthrough Terms are effective immediately upon the earlier of, the purchase of the Programs or upon accessing the Programs for which these Terms have been accepted. You may not use the Service or Programs until you, or an authorized individual on behalf of entity who has granted you access, has read and accepted these Terms. Breakthrough may modify these Terms at any time. All modifications shall be posted on this website. As used in these Terms, the terms "you", "your" or "user" all refer to both the person using the Service in any way, including those registered as, for, or on behalf of a corporate entity, such as a company, business, affiliated entities, corporation, government agency, or other business entity and its employees, subcontractors, affiliates, and all other persons or entities permitted to access and use the Service or any programs made available through the Service in any way.
1. SERVICES AND PROGRAMS. Breakthrough will provide access to the Breakthrough Service, an online portal that allows you to purchase individual programs such as documents, videos, webinars, modules, courses, subscriptions, transcripts and similar content (“Programs”, and each a “Program”) or a membership (“Membership”) for all available Programs. Breakthrough makes some Programs available on a month to month basis, but certain Programs require a longer commitment (as indicated on the website and when you sign up), such as Killer Marketing, Max Value and Survive & Thrive, and are called “Masters Courses” for purposes of these Terms. Breakthrough at all times retains all right, title, and interest in and to: (a) the Service; (b) its Programs; (c) all associated content, materials, information, and other intellectual property; and (c) all leads, contacts, data, and customers that result from use of the Programs. During your use of the Service and while the Program(s) you have purchased are made available by Breakthrough, Breakthrough grants you a limited, non-exclusive, non-transferrable right to access, view and use the Programs solely for your internal business purposes. Breakthrough shall own any feedback, recommendations, or suggestions that you may provide to Breakthrough and may use the results of such feedback for any purpose, including but not limited to in its marketing and promotional materials. Any use of the Service or Program in violation of these terms will constitute infringement of Breakthrough’s intellectual property rights.
2. FEES AND TERM. You agree to pay all fees for the Program or Membership you select. You have the option to purchase individual Programs through the Service or purchase a Membership through the Service that will give you access to all available Programs. For Memberships, fees shall be due and payable to Breakthrough by credit card monthly in advance on the billing date as displayed in the Service. Memberships, other than Masters Courses, may be cancelled at any time and will be effective ten (10) days after Breakthrough receives notice of cancellation. Masters Courses may not be cancelled and once you sign up, you will be charged regardless of whether you attempt to cancel. Accordingly, by signing up for a Masters Course, you agree that we may charge your credit card or other payment source for the defined length of the course or your selected payment option, regardless of whether you complete the course. In the event a payment is not received for any reason, Breakthrough may suspend your access to the applicable Program(s) or terminate your Membership. Termination or cancellation of any Program does not relieve you of any payment obligations and payments are non-refundable. Breakthrough reserves the right to adjust fees at any time at its discretion.
3. DISCLAIMER. YOU AGREE THAT ANY USE OF THE SERVICE AND PROGRAMS IS AT YOUR OWN RISK AND THAT THE SERVICE AND PROGRAMS ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” FROM TIME TO TIME, PROGRAMS MAY BE ARCHIVED OR DISCONTINUED BY BREAKTHROUGH, IN THE EVENT OF SUCH ARCHIVAL OR DISCONTINUANCE YOU WILL BE NOTIFIED BY BREAKTHROUGH AND YOUR ACCESS TO THE PROGRAM WILL TERMINATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BREAKTHROUGH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO ITS PROVISION OF ANY SERVICE OR PROGRAM INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BREAKTHROUGH DOES NOT WARRANT THAT THE SERVICE OR PROGRAMS WILL BE ERROR FREE, FREE FROM ANY VIRUS, MALWARE, OR HARMFUL CODE, FREE FROM INTERRUPTIONS, WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, OR ACCOMPLISH ANY PARTICULAR RESULT. YOU AGREE THAT BREAKTHROUGH IS NOT ACTING AS A PUBLIC RELATIONS MANAGER, BUSINESS MANAGER, PHYSICAL THERAPIST, OR OTHER AGENT IN PROVIDING THE PROGRAMS TO YOU.
4. INDEMNIFICATION AND LIMIT OF LIABILITY. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BREAKTHROUGH HARMLESS FROM AND AGAINST ANY DAMAGES, CLAIMS OR LOSSES ARISING FROM YOUR: (A) BREACH OF THESE TERMS; (B) INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY; AND (C) NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF LAW. BREAKTHROUGH SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED UPON BREACH OF CONTRACT, WARRANTY, OR STATUTORY DUTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT SHALL BREAKTHROUGH’S TOTAL LIABILITY EXCEED AN AMOUNT EQUAL TO THE LESSOR OF ACTUAL DAMAGES INCURRED OR THE FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD PROCEEDING THE EVENT GIVING RISE TO SUCH LIABILITY FOR THE PROGRAM GIVING RISE TO SUCH LIABILITY.
5. YOUR OBLIGATIONS. You shall provide, promptly update, and maintain true, accurate, current and complete information and materials necessary for Breakthrough to provide the Program(s). You shall not: (a) access, view or use any Program without first rendering payment to Breakthrough in accordance with these Terms; (b) disassemble, decompile, reverse engineer, or modify the Service or Program; (c) rent, loan, lease or sublicense the Service or Program or permit any use by a third party; (d) use the Service or Program in violation of these Terms or any applicable law or regulation; and (e) copy, display, distribute, or create derivative works of any Program or its content. You agree not to access the Programs by any means other than through the Service that is provided by Breakthrough for use in accessing the Programs. You will not, and will not allow third parties, to otherwise directly or indirectly access the Programs in a manner intended to avoid incurring fees or other charges including providing access to the Programs through a separate system, portal or other interface unless specified in an order form.
6. MISCELLANEOUS. Should any provision of these Terms be found unenforceable, the remainder of these Terms shall remain in full force and effect. These Terms shall be governed by and construed in accordance with the laws of Delaware. You may not assign these Terms or any right or obligation herein without the prior written consent of Breakthrough. These Terms (and any policies linked or attached to it) constitute the entire agreement between you and Breakthrough and supersedes any oral or written communications between us. In the event of conflict between these Terms and any other agreement or understanding between the parties, these Terms shall govern. These Terms may only be altered, changed, or modified by a written amendment signed by both you and Breakthrough.