The following terms and conditions (“Terms of Service” or “Terms”) govern your access to, and use of, the joinbreakthru.com website and the Breakthru mobile application (each and collectively the “Service(s)”) operated by Sportswise Global Inc. (hereinafter “we,” “us,” “our,” or “Breakthru”).
Other Applicable Terms
Personal Conduct Policy. You agree to the terms of Breakthru's Personal Conduct Policy related to your use of our Services. Personal conduct is any of your submissions of data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, “Content”).
Changes to the Terms of Service
All copyrighted and copyrightable materials on the Services, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively with “Content” shall be “Materials”) are the exclusive property of Sportswise Global Inc. and/or its licensors.
We respect the intellectual property rights of others. It is our policy to respond to any claim posted on the Service that infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes Infringement, please submit your claim via email to firstname.lastname@example.org with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at email@example.com.
Repeat Infringer Policy
We reserve the right, without notice and in our sole discretion, to terminate your account and your license to use the Services and to block or prevent future access to and use of the Services. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (“DMCA”), it is our policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers.
What is Breakthru?
Breakthru is where students come to build their future. By curating opportunities through our partner network, we are revolutionizing how students access their education and careers.
"Breakthru," "joinbreakthru.com" and Breakthru's logos are trademarks, service marks or registered trademarks of Sportswise Global Inc. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Breakthru or its suppliers or licensors. The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Breakthru and its licensors. The Services are protected by copyright, trademark, and other intellectual property laws of both the United States and foreign countries. You may not use meta tags or any other "hidden text" using any of the above-referenced marks without our permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Breakthru, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other Breakthru names or logos mentioned on the Services, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Materials or User Content you access through the Services (even if you are able to download any Materials), and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including our) rights.
You understand that we own the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Service License and Information
License. Subject to the terms of this Agreement, we grant you a non-transferable, non-exclusive, license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes, and (ii) install and use the mobile app solely on your own handheld mobile device (e.g., smartphone, tablet or similar) and solely for your personal, non-commercial purposes.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website content must be retained on any copies.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (including the Website and Mobile App) or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services (including the Website and Mobile App but excluding any User Content) are owned by Breakthru or Breakthru's licensors. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Breakthru and its suppliers reserve all rights not granted in this Agreement.
For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on a smartphone as well as a computer), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Breakthru account in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant us the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), you grant us the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all our users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
In addition, you grant us and participating institutions, schools, and/or companies, a license to use your Public User Submissions (including, without limitation, your image, voice, and likeness, to the extent included in Public User Submissions) in promotions and advertising in any medium for our Services and/or for the participating institutions, schools, and/or companies. For example, we may use your publicly posted videos, chats, images and other content posted using the Services in our advertising on social media and other platforms to promote our Services. You continue to own your Public User Submissions and our rights are a limited license as stated herein.
You agree that the licenses you grant are non-exclusive, royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Breakthru account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that we, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Links and Third-Party Content
Breakthru or third parties may provide links on the Service to other sites or content. We have no control over such sites or content, and therefore make no claim or representation regarding, and expressly disclaim responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Breakthru provides links to you only as a convenience, and the inclusion of any link on the Services does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave our website or app, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
Account Creation. In order to use certain features of the Services, you must register for an account ("Account") on the Website and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement. You may delete your Breakthru Account at any time, for any reason, by following instructions we provide.
User Profile. Your Breakthru Account allows you to create a personal profile ("Profile").
Certain Third Party Service Providers. Breakthru may use third party service providers at its discretion. All information collected by third parties is governed by their various terms of service and privacy policies. Breakthru has no control over and cannot be responsible for third party service providers.
Points for Prizes and Rewards. As part of your use of the Services, you have the ability to create an Account, a Profile, and to accrue points (the “Points”) that may redeemed for various prizes (“Prizes”) or rewards (“Rewards”).
The Company may offer one or more programs (“Rewards Programs”) under which you may earn the Points, which are redeemable for rewards such as gift cards or PayPal transfers (“Third Party Reward Partners”). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any Points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any additional terms applicable to such participation from our Third Party Reward Partners. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without prior notice to you.
You may log in to your Account at any time to verify the number of Points you have accrued to date. Moreover, you can access reports detailing the balance of your Account.
We reserve the right to modify our rules related to redeeming your Points for Prizes or rewards. These changes may include changing the number of Points awarded for any actions which result in Points being earned. WE RETAIN THE RIGHT TO ADJUST YOUR POINTS AT ANY TIME. Although not obligated to do so, we may attempt to make a reasonable effort to contact you in the event a change in your Points occurs.
Earning Points. Points can be earned in a Rewards Program by participating in certain activities (“Activities”), as described in the mobile application. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the Points associated with completing that Activity so long as the Company and/or its Third Party Rewards Partners are able to properly track your valid and completed Point-earning Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award points or rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s policies, procedures and systems. There may be limitations on Activities and Rewards, so please be sure to review all applicable additional terms before deciding whether or not you would like to participate.
Some of the limitations on Activities and Rewards include (without limitation): our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of Points you can earn for a given Activity or during a given time period; and our right to change the Activities or rewards available, or the number of Points required for a particular reward. Points awarded have no cash value.
Redeeming Points. You may redeem Points you have earned for Rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem Points for a Reward and the Company determines that the Reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, provide you with a reward of equal or greater value. No credit, reversal, or refund of Points will be issued for any reason after Points have been redeemed; in other words, once you order a Reward, you may not cancel the reward or return the reward for a refund of Points. The only way to use Points is to redeem them for Rewards Program rewards as available from time to time through the in-app wallet, or other applicable Rewards Program redemption sites. Some Rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting a photocopy of your driver’s license or state ID, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting Points or fulfilling any reward in any Rewards Program, or otherwise providing you with any benefit.
Delivery of Prizes/Rewards. Prizes or Rewards may be emailed to your email address or mailed to the U.S. postal address that you provided when you registered and created your Account for the applicable Rewards Program, or to the email or U.S. postal address that our records show your Account was last updated to reflect. Processing times may vary. Rewards or Prizes that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the Points will not be refunded. Any issues that arise related to the Prize, including but not limited to delivery failure, delivery delay, or inability to utilize the Prize for any reason, are your responsibility. We will notify you if the Prize you selected is not available for whatever reason. Please be advised that the Prizes will be provided on an “as is” basis and we make no warranties or representation regarding the Prizes.
Points Nontransferable. Rewards Program Points are nontransferable, may not be bartered or sold, and are void if a transfer is attempted. Points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
Inactive Accounts. Any Account that has not been logged into and Points either earned or redeemed for one year or more may be deemed inactive and the Account closed. In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using “Contact Us.” We may modify our inactive account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account, without any compensation or further obligation to you.
Expiration of Points. Any Points in our Rewards Programs that have not been redeemed for two (2) years from the time such Points were earned or awarded may be deemed expired and removed from your Account. For existing members of any Rewards Program on August 5, 2022, the foregoing two-year period shall run from that date with respect to any Points in your Account on such date. To request re-crediting of the expired Points to the Account (subject to such terms, limitations and requirements as we may impose from time to time), you can reach us by using the “Contact Us” link. We may modify our Points expiration rules and policies for any Points in our Rewards Programs from time to time, and if your Points expire pursuant to such then-current rules or policies, we may remove such Points from your Account without any compensation or further obligation to you regarding the expired Points.
The Services and the materials contained therein are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. You expressly agree that use of the Services, including all content or data distributed by or downloaded or accessed from or through the Services, is at your sole risk. Breakthru disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. Breakthru does not represent or warrant that materials in the site are accurate, complete, current, reliable, or error-free.
We are not responsible for typographical errors or omissions relating to pricing, text, or photography. We cannot and do not represent or warrant that the Services or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
Indemnification and Your Liability
Please be advised that you are solely responsible for your activities on our Services, including all User Submitted Content submitted either by yourself or on your behalf by a third party. You agree to indemnify us and our shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys' fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of our Personal Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.
You accept all responsibility and release us from any liability arising out of or relating to your use of the Content related to the Services.
LIMITATION ON LIABILITY
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), OR THIRD-PARTY SITES & ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, AND WEBSITE CONTENT), AND THIRD-PARTY SITES & ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS') LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES (INCLUDING THE WEBSITE, MOBILE APP, OR WEBSITE CONTENT), FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID BREAKTHRU IN THE PRIOR 12 MONTHS (IF ANY).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Applicable Law and Venue
This Terms of Service and any transactions on this Service shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association and the International Centre for Dispute Resolution and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU AND WE AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, AND ALSO THE RIGHT TO PROCEED IN A REPRESENTATIVE OR CLASS ACTION MANNER, AND CLAIMS WILL BE HEARD ON AN INDIVIDUAL BASIS ONLY BY A QUALIFIED ARBITRATOR. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Interruption of Service
Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement or if we believe you are under the age of 13. Upon termination of this Agreement, your Breakthru Account and right to access and use the Services will terminate immediately. You understand that any termination of your Breakthru Account involves deletion of your User Content associated therewith from our live databases. Breakthru will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Breakthru Account or deletion of your User Content.
Acceptable Use Policy
The following sets forth Breakthru's "Acceptable Use Policy":
You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d)interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks or otherwise interferes with our operation or provision of the Services; (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Services.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, suspending or terminating your Breakthru Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, violates User Content, above, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your Breakthru Account username and password, IP address and traffic information, usage history, and your User Content.
System and Network Security
You are prohibited from violating the security of any system or network comprising the Services. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
If you want to report any violations of this Personal Conduct Policy, please contact us at: firstname.lastname@example.org.
If you think we missed anything or you’re not sure about something within this document, feel free to reach out to our team at: email@example.com.
Violations of the Acceptable Use Policy
We encourage you to report violations of this Acceptable Use Policy to us immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email Breakthru at firstname.lastname@example.org.