Terms of Use - Breaie
List your business, post jobs, gig work you do, real estate, blogs, and more. We help businesses grow and be seen. For more exposure, get social in the discussions area. Get in front of consumers searching for businesses that offer products and services they need and want, list your open job positions. No business? Just sign up as a member to be a part of our site. For members that signed up for free up to 9.7,22, your profiles will stay as free plan. If receive an invoice, reach out, we will correct it.

Terms of Use

Also please read our privacy policy here:

Privacy Policy - Breaie 

Affiliate Disclosure

Updated 09.07.2022


1. ACCEPTANCE OF TERMS

Breaie provides a collection of online resources, including classified ads, forums, catalogs, business profiles,  videos, pictures, and various email services available on or through Breaie (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. 

In addition, when using particular Breaie services, you agree to abide by any applicable posted guidelines for all Breaie services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.


2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3. ELIGIBILITY FOR USE

Breaie reserves some parts of the Service exclusively for professional purchasers, sellers, business profiles listed, collectors and resellers of items, and accessories who are acceptable to Breaie in its sole discretion. 

Although Breaie attempts to limit the use of these parts of the Service to such purchasers, business profiles listed, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against Breaie for failing to adequately screen potential users, businesses, or prevent the use of Breaie or the Service by members who are not professional purchasers, businesses, sellers, collectors and resellers of items or accessories.

4. CONTENT

You as the member of this site understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. 

More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of Breaie to post content, or if you imply consent that Breaie may post content on your behalf, either by written or oral means, or you fail to inform Breaie that content should be removed, you are equally responsible for the content.  

The member waives any and all claims against Breaie of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Breaie. 

You understand that Breaie does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. 

By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. 

Furthermore, Breaie and Content available through the Service may contain links to other websites, which are completely independent of Breaie. 

Breaie makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. 

We try to screen the businesses and members who join Breaie.  We are not liable for any business that maybe fraudulent, inactive, or out of business.  If you should find a business that is no longer in business or is doing business that maybe illegal, please go to the contact us page and report to us so we can investigate.

Businesses that go through the paid verification process with us and receive a verification check mark by their business profile have provided documentation that they have the necessary licenses and or insurance to be in business as well as any other documentation that we may ask for.  

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Breaie be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Member acknowledges that Breaie does not pre-screen or approve Content, but that Breaie shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content or profile that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

As the member of Breaie, your content that you contribute is yours.  We always give full credit to the creators of any content.  You also have the right to remove any content that you have contributed to the site.  Understand that once you remove your content off of our site, we are not responsible for your content being on the internet. Just assume that what ever you post will remain on the world wide web, but your content on Breaie.com will be erased should you decide to delete your content and or your profile.  


4A: Affiliate Marketing, Reviews of Products, any other businesses related to this arena

Blogging Tips On Breaie

On the paid plans, a member can contribute blog articles to your member profile which showcases your work to people who are searching online to be able to learn about your business and your content.  Always add a link to your website inside your blog articles. Have a bio for the author for good blogging practices.  

A bio should be a brief introduction of yourself and your business with a link to your site.  Offers can be included as well as affiliate links within your article. Make sure to disclose that your article contains affiliate links.  

Affiliate Links in Blogs, Product Reviews

We accept that members have multiple sources of income online and understand that everyone needs to generate cash.  Affiliate links in your blog articles contributed here on Breaie are acceptable as long as you follow the FTC guides for full disclosure regardless of your country of origin.  Each blog article should contain the disclosure of your affiliate links.

Product reviews same rules apply here as well full disclosure per the FTC. 

Any other method of sales of products in an article, picture, or video should follow the full disclosure rules. 

Should we receive a complaint, we notice the lack of disclosure, or we receive communication in any manner that the FTC guidelines were not followed.  Your article, picture, or video will be taken down, we may or may not reach out to you to edit your article.  In extreme cases, we may remove your membership from Breaie and delete your profile. 


5. THIRD PARTY CONTENT, SITES, AND SERVICES

Breaie and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Breaie, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. 

This site may contain links to other sites on the internet that are owned and operated by third parties.  You take full responsibility for visiting those sites and that we are not responsible or liable for the operation or content of those sites.

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. 

The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for Breaie to verify information provided by the seller of any item.


You agree that Breaie shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that Breaie is under no obligation to become involved.

 In the event that you have a dispute with one or more other users, you hereby forever release Breaie, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

We strongly honor the works of creators that have been granted patents, trademarks, copyrights, intellectual property rights.  If you believe that your work has been copied in a way that constitutes copyright infringement, trademark infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to Breaie’s agent for notice of claims of copyright or other intellectual property infringement:

Please include the following with your Notice to our Abuse Agent: Contact Us - Breaie

The identity of the material on Breaie that you claim is infringing, in sufficient detail so that we may locate it on the website; such as URL link, name of member, name of member's business.

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

Your address, telephone number, and email address to us and we will respond promptly to investigate.

After some research, we may need additional information from you such as:

A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and

Your physical or electronic signature.


Copy Rights, Trademarks, Registered Trademarks, any Intellectual Property.

Breaie and Be In The Know are trademarks owned by Breaico, LLC.  We do not give anyone the right to use these marks.  Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of this Site, Copyright © 2020, ALL RIGHTS RESERVED.  

No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission.    

 If you want to share Breaie articles and the articles contributed by our members with copy and paste the url so that our member contributors and or Breaie get full credit and recognition for their creative contribution, that is acceptable. 

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 


7. PRIVACY AND INFORMATION DISCLOSURE

Breaie may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by Breaie’s Privacy Policy.

We want to restate that your information is not sold, leased, rented by our company.   That promise can be found in our privacy policy.   We will release your information if we are contacted by law enforcement or other government agency.

8. CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
  • that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
  • with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
  • that impersonates any person or entity, including, but not limited to, a Breaie the website, Breaie employee, or subcontractor, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that is fraudulent, false, deceptive, misleading, deceitful, misinformation, or constitutes “bait and switch”;
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation if: posted in areas of Breaie which are not designated for such purposes;
  • or emailed to Breaie users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
  • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
  • or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • “stalk” or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by Breaie;
  • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • post the same item or service in more than one classified category or forum;
  • attempt to gain unauthorized access to Breaie’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or Breaie;
  • or use any form of automated device or computer program that enables the submission of Content on Breaie without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.

Reviews.

There is the availability to leave reviews on businesses that you had received products or services from.  Keep it professional.  If there is a dispute or received bad service or any other negative feedback for a business on Breaie.com.  We want you to know that we would like to see the issue resolved and that you are satisfied.  We may ask for information or documentation to validate your claim.  We encourage the businesses on this site to participate in the process.  We reserve the right to hold the review provided marked private until resolution is complete or any other action necessary.  Breaie.com is not liable for the businesses actions on or off this site.  You are solely responsible for deciding to do business with any member on this site at your own risk. Conduct your own research on a variety of review sites to be better informed.  

Breaie.com assumes no responsibility or liability from any reviews that were posted on this site. We try to monitor reviews posted to the business members listed on Breaie.com, but we will not remove a review.  The person or business that left the review will have to remove or edit their review.  We may in our discretion place the review on hold.  Meaning, the review will not be visible. 


9. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Breaie’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Breaie. 

Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Breaie. Basically ask us first.


10. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Breaie email addresses or through Breaie computer systems is expressly prohibited by these TOU. Any unauthorized use of Breaie computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.


11. PAID POSTINGS

We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.  Fees collected for specific services, such as membership plans, subscription services, and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

12. LIMITATIONS ON SERVICE

Member acknowledges that Breaie may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. 

Member agrees that Breaie has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Breaie reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Breaie shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. ACCESS TO THE SERVICE

Breaie grants member a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Breaie. 

A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

Breaie Allows you the member to display on your website, social media, or create a hyperlink on your website to, individual postings on the Service on Breaie.  

You may create a  of Breaie, so long as the link does not portray Breaie, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Breaie may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Breaie permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Breaie” as the source, (d) your use or display does not suggest that Breaie promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Breaie’s systems. Breaie reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by Breaie immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Breaie that has been signed by one of Breaie’s authorized representatives.

Newsletters may go out from time to time.  We promise we won't overwhelm you with information or clog your inbox.   By signing up to advertise your business on Breaie.com, you agree to the service, you agree to accept the newsletter that goes out via email.  

If you wish to no longer receive the newsletter, you can opt out of the newsletter and still get notifications from the website www.breaie.com in relationship to your listing for your business services or products inside your dashboard, but we may no guarantees that you will be notified in a timely manner inside your dashboard should you opt out of receiving our newsletter.


14. TERMINATION OF SERVICE

You agree that Breaie, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Breaie believes that you have acted inconsistently with the letter or spirit of the TOU.  If we delete or deactivate your account that is a paid membership plan, your annual membership will not be refunded and no partial refunds. 

Further, you agree that Breaie shall not be liable to you or any third-party for any termination of your access to the Service or for any financial losses you incurr.. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.  We will make an attempt to notify you prior to closing down your access to the site to give you time to back up any information that you shared with us in your dashboard.  

You may provide any information to dispute the deactivation of your account, but does not guarantee we will decide or in your favor.  We will go on a case by case basis.


15. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. 

Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Breaie. 

You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Breaie, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Breaie, as well as certain other of the names, logos, and materials displayed on Breaie, constitute trademarks, trade names, service marks or logos (“Marks”) of Breaie or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with Breaie or those other entities.

As a member, you can share content that is posted on the site as long as the material gives full credit to the creator and their business if they are a business member, and to https;//www.breaie.com

Although Breaie does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Breaie an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Breaie all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

You can remove your content contributed to the site, but we have no control or authority to remove your contributed content that may have been shared on the internet or other locations.  We are only responsible for our site and the the content herein.

16. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF Breaie AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Breaie AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Breaie DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF Breaie AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Breaie DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Breaie  OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON Breaie OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, Breaie DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH Breaie OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Breaie, Breaie OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

17. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Breaie and the company Breaico, LLC (owns website) BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Breaie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF Breaie OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF Breaie OR THE SERVICE, FROM INABILITY TO USE Breaie OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF Breaie OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Breaie OR THE SERVICE OR ANY LINKS ON Breaie OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Breaie OR THE SERVICE OR ANY LINKS ON Breaie. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

18. INDEMNITY

You agree to indemnify and hold Breaie, Breaico, LLC (website owner) of its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

19. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and Breaie and governs your use of the Service, superseding any prior agreement between you and Breaie. The failure of Breaie to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. 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 the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by sending an email though our contact us form Contact Us - Breaie

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Breaie to pursue legal action to enforce the TOU, you will be liable to pay Breaie the following amounts as liquidated damages, which you accept as reasonable estimates of Breaie’s damages for the specified breaches of the TOU:

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Breaie one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Breaie’s express written permission, you agree to pay Breaie three thousand dollars ($3,000) for each day on which you engage in such conduct.

Notwithstanding any other provision of the TOU, Breaie retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

21. FEEDBACK

We welcome your questions and comments. Please send them to Contact Us - Breaie 

22. TERMS OF USE FOR ALL SERVICES

Breaie offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer” "Member") to perform or receive services (“Services”) or information about such Services.

As a condition to your use of the Programs and as material inducement on the part of Breaie and its Affiliates to offer the Programs, you expressly acknowledge and agree that:

Use of the Programs are at your sole risk. Breaie and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:

  • For Consumers:
  • a) the Programs
  • b) the Professional
  • c) the Services to be performed by any Professional.
    • a) your use of the Programs
    • b) the engagement by you of any Professional
    • c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
    • d) any other matter relating to the Programs.

- In no event will Breaie’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.

- Breaie and its Affiliates do not provide, nor will they provide, any service to or for you, nor is Breaie and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

For Professionals:

a) the Programs

b) the Consumers

c) the agreement between you and the Consumer.

Breaie, Breaico,LLC(owner) its Officers, Directors, Members and Employees, as well as Breaie Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

a) your use of the Programs

b) the engagement of you by any Consumer

c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like

d) any other matter relating to the Programs.

- In no event will Breaie’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.

- Breaie and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.

- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.

Questions about our services programs may be directed to: Contact Us - Breaie 

Breaie, Breaico, LLC(owner) its Officers, Directors, Members and Employees, as well as Breaie Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:

23. BRAND AGREEMENT

Legal Disclaimer: By logging in to your Breaie account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.

1) Parties: This “Agreement” between “I” or “me” or the “Company” and Breaie. (“Breaie”, (Breaico,LLC owner) together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.

2) Content: I hereby license to Breaie the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my profile (such images, product catalog, related data, the “Content”) for display on Breaie and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website Breaie at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but Breaie retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for Breaie to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my Breaie account with any updates to the Content necessary to keep such Content accurate and representative of my products. Breaie and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.

3) Membership Fees:

Annual Membership Fees for Upgraded Plans: 

Price as stated on Breaie at the time of purchase of the annual membership for new membership purchase or upgraded plans. The Price remains locked for that year of purchase.  All yearly payments are paid upfront at the beginning of the membership.  We will invoice you 30 days prior to the end of 365 day billing cycle for a annual renewal fee. Payments are automatically deducted from the account on file with the credit card processor each annual billing cycle, unless you cancel or down grade  your account, or delete your account. 

If you downgrade your plan to a lower tiered paid plan, we will bill you for the annual membership fee for that lower tier plan when your membership comes up for annual renewal. We will send you an invoice in advance of end of 365 day paid membership around month 11 of your membership.

4) Length of Contract Is For One Year For Annual Membership: This Agreement for fees are valid up to and until you as the member cancel your account, you delete your profile, or we terminate your profile for violations of our terms of service or privacy policy. NO REFUNDS for annual fee for membership.  

5) Billing: In the event that a payment is due on your Membership, but your credit card on file with our credit card processor is no longer valid or active, Breaie may attempt to contact you to determine updated account information. Breaie will wait thirty (30) days before canceling your membership or down grade your account to free plan should we not be able to get in touch with you and you do not pay the annual renewal fee for your business membership.

6) Termination of Membership: You may request termination of your membership at any time. You also can shut down your profile and delete your profile at any time, or move your profile to a lower or higher tiered plan at anytime.  

If you delete your profile that is permanent, and we can not retrieve your profile and all of your profile's content.  

Cancelling or terminating your membership can be done anytime, but there will be no refunds for annual membership fees.   Breaie may terminate this agreement at will. 

End Agreement.

Updated 09.07.2022