TED Tuesday: Risky is safe, safe is risky

Does your business stand out?

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It's Tuesday, which means it's TEDday. I'm a big fan of TED videos, so every Tuesday I comb through my favorites and pass one along.

Today's video features Seth Godin, who is an entrepreneur and a marketing expert. Godin discusses what it takes to get noticed in a busy market place, using the analogy of a Purple Cow (which, by the way, is the title of his excellent book):

"You're driving down the road and you see a cow, and you keep driving because you've seen cows before. Cows are invisible. Cows are boring. Who's going to stop and pull over and say, 'Oh, look, a cow?' Nobody.

"But if the cow was purple ... if the cow was purple, you'd notice it for a while."

Godin's point is that a product needs to be remarkable if it's going to get noticed. Remarkable products catch the eyes of early adopters, who can't help themselves to spread the word about how great a product is. Risky products and marketing approaches tend to be remarkable and successful, while safe products are actually risky—they're the ones that will be ignored.

How does the "Purple Cow" concept apply to your real estate career? How can you change your marketing, work ethic, customer service plan, and other parts of your job to become more remarkable? How can you separate yourself from all those other agents with tired, boring marketing tactics?

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Please review and agree to the terms and conditions outlined below before accessing the marketing center.

Terms and Conditions

The Breakthrough Broker services are comprised of various web pages, mobile sites and applications (collectively “Site”) operated by Breakthrough Broker, LLC ("Breakthrough Broker", “we”, “us” and “our”). The Site, services and content, including any applicable Custom Marketing Center(s) or Title Advertising Program, (collectively “Services”) are offered to you (“user”, “you”, “your”, “me” and “I”) conditioned on your acceptance without modification of these Terms and Conditions (“Terms and Conditions”), contained herein. In addition to our Terms and Conditions, we maintain other terms, policies and agreements that supplement these Terms and Conditions. These Terms and Conditions, including but not limited to our Privacy Policy, Service-Specific Terms and applicable subscription agreements (collectively, “Terms”) shall govern your use of the Services and are incorporated herein.

In addition to our Terms and Conditions, we maintain other terms, policies and agreements that supplement these Terms and Conditions. These Terms and Conditions, including but not limited to our Privacy Policy, Service-Specific Terms, Intellectual Property Agreement, and applicable subscription agreements (collectively, “Terms”) shall govern your use of the Services and are incorporated herein.

Service-Specific Terms

Please read our additional Service-Specific Terms that shall apply to the Services listed below ("Service-Specific Terms"). Where there is a difference between the Terms and Conditions and these Service-Specific Terms, the Service-Specific Terms shall take precedence.

Breakthrough Broker Plus accounts are subject to our Breakthrough Broker Plus Terms of Use.

Automated Marketing Package (“AMP”) and MLS Look Up are subject to our AMP/MLS Look up Terms of Use.

Property Showcase Services are subject to our Property Showcase Terms of Use.

Printing Services are subject to our Printing Services Terms of Use.

Mailing Services are subject to our Mailing Terms of Use.

Translation Services are subject to our Translation Terms of Use.

Single Sign On Services are subject to our Single Sign On Terms of Use.

Data Fill Services are subject to our Data Fill Services Terms of Use.

BY LOGGING INTO THE SITE OR UTILIZING THE SERVICES VIA DESKTOP COMPUTER, MOBILE WEB ACCESS OR MOBILE APPLICATION, OR BY ANY OTHER MEANS, YOU ARE INDICATING YOUR ACCEPTANCE OF, AUTHORITY TO BIND AND AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS.

YOU MAY NOT USE THE SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OF AGE OR OLDER.

Your Account and License Grant

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Your use of the Services may require you to login or maintain a user account, which may be, controlled or issued by a third party with whom you have a relationship. Your use of the Services may be provided in connection with an agreement entered into between Breakthrough Broker and a Breakthrough Broker client, such as a real estate brokerage, agency or other business that you have a business relationship or agreement with and who has entered into an agreement with Breakthrough Broker to offer Services (“Breakthrough Broker Client”). You acknowledge and agree that Breakthrough Broker and Breakthrough Broker Client: (a) may have access to your use of the Services and Your Content, as defined below; (b) may have the right to create, monitor and control your user logins, passwords and accounts and your access or denial, suspension or termination of access to the Services; (c) you hereby consent and authorize Breakthrough Broker and Breakthrough Broker Client to have all such rights and access as set forth in this section; and (d) you hereby consent and authorize Breakthrough Broker and Breakthrough Broker Client to have all such rights and access as set forth in this section, including but not limited to the right to verify your eligibility to use the Services, including providing any required Multiple Listing Service (“MLS”) or Realtor® association membership(s), usernames or passwords. When you provide your membership or National REALTOR® Database System number to access certain Services provided by a Breakthrough Broker Client, you authorize Breakthrough Broker to provide that information to required third parties, such as Breakthrough Broker Client, third-party vendors, MLS or Realtor® associations. We will transmit your information to the required third parties to verify your eligibility to receive the requested materials and access.

Breakthrough Broker shall have the right to monitor use of the Services, including but not limited to the review all activity and the content and materials uploaded by you or others, including but not limited to Your Content, for the purpose of determining compliance with these Terms, as well the right to remove or refuse any information for any reason in accordance with applicable law, and to use data collected therefrom for any other purposes. Notwithstanding these rights, you and any associated Breakthrough Broker Client remain jointly and severally liable for Your Content. You shall take all steps necessary to protect your login(s) and password(s), to safeguard the security and integrity of the Services, and to protect against unauthorized access and use. You shall immediately notify Breakthrough Broker of any violation of the foregoing. Any access to the Service using your login and password shall be deemed access by you. Breakthrough Broker has no liability for or relating to any disputes between you and any Breakthrough Broker Client or user or for Breakthrough Broker and Breakthrough Broker Client’s access or use of the Services or Your Content. Breakthrough Broker may maintain, correct and modify, and may upgrade and/or update the Services at any time in its discretion with or without notice to you.

2. License Grant We grant you a limited non-transferrable, non-exclusive right to access and to use the Services, for your own personal, individual and internal real estate and professional service activities as expressly authorized under these Terms. No right to copy, modify, sub-license or sub-let is granted under these Terms.

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Intended Use

The Services are intended to be used solely for the following permissible purposes: providing relevant real estate data to consumers, and marketing and advertising your professional services (collectively “Intended Use”).

Prohibited Activities

You agree that you will not do any of the following when utilizing the Services: (a) reproduce, duplicate, disseminate, copy, modify, translate, or create derivative works based on the Site or Services; (b) sell, rent, lease, loan, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (c) use the Services for any use other than the expressly authorized Intended Use set forth above, including to conduct electronic, individual or bulk transfers, migrations, downloads or extractions of data, records, files or information from the Services; (d) reverse engineer, decompile, disassemble, circumvent the security and restrictions, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (e) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof; (f) use the Services if you are a competitor of Breakthrough Broker, except with Breakthrough Broker’s prior written consent, (g) design, build or develop any product or service that competes against the Services or that provides the same or similar services or functionality as the Services; (h) violate the security of any computer network, or crack, hack or circumvent any passwords or security encryption codes, (i) run any mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including, without limitation, by placing an unreasonable load on the Services’ infrastructure), (j) through the use of manual, automated or any other means, engage in action that “crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services, (k) (directly or indirectly) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), (l) use the Services to distribute or execute any action directed by any type of injurious code, or (m) otherwise use the Services in any way not expressly provided for by these Terms.

You agree that you will not transmit, distribute, post, store, and/or link, information, software, or materials, including but not limited to Your Content, on or through the Services that: (i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography, or is otherwise inappropriate as determined by us in our sole discretion; (ii) you know are false, misleading, untruthful or inaccurate; (iii) constitute unauthorized access or use of another use’s client’s data; (iv) impersonate any person or entity, including any of our employees or representatives; or (v) include anyone's personally identifiable information (“PII”) or sensitive financial information.

You will use the Services only in compliance with: (i) these Terms; and (ii) in accordance with all applicable laws, rules and regulations.

Compliance Obligations and Responsibilities

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a.) Features At any time, without notice, and at their sole discretion, Breakthrough Broker may introduce and / or discontinue any Service.

b.) Maintenance Breakthrough Broker does not guarantee that all Services will be available at all times and your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability, including as a result of power outages, system failures or other interruptions. Breakthrough Broker shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time, on a service-wide basis: (a) for scheduled downtime – currently scheduled between midnight and 6:00 a.m. Pacific Time – to permit Breakthrough Broker to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Services or other event that Breakthrough Broker determines, in our sole discretion, may create a risk to the applicable Service, to you or to any of our Breakthrough Broker Clients, if the Services were not suspended; and (c) in the event that Breakthrough Broker determines that it is necessary or prudent to do so for legal or regulatory reasons ((a), (b), (c) collectively referred to as, “Service Suspensions”) Breakthrough Broker shall have no liability as a result of a Service Suspension. To the extent that Breakthrough Broker is able, Breakthrough Broker will endeavor to provide you with notice of any Service Suspension and to post updates on the Services regarding resumption of Services following any such Service Suspension but shall have no liability for the manner in which Breakthrough Broker may do so or if Breakthrough Broker fails to do so.

c.) Storage You agree that Breakthrough Broker has no responsibility or liability whatsoever for the deletion, corruption or failure to store any transaction, template, clause, content, form or document maintained by Breakthrough Broker or maintained or utilized in the Services, including but not limited to Your Content, as defined below. If you wish to save documents, You should export the documents to another location, such as saving the documents on your computer or some other external storage medium.

d.) Third-Party Services, Data, Links and Advertising The Services may include activities provided by third-parties (including but not limited to printing and mailing), or contain third-party Listing Data, links to third-party websites, advertisers, services, listings, special offers, integrations with third-party applications (including but not limited to Facebook and Twillo) or other events or activities that are not owned or controlled by Breakthrough Broker (“Third-Party Site(s)/Data”). Breakthrough Broker does not endorse or assume any responsibility for any such Third-Party Sites/Data, information, materials, products, or services. Certain Services may be delivered by Third-Party Sites/Data, by using such Services you hereby acknowledge and agree that we may share certain information and data about you with such Third-Party Sites/Data as necessary to offer such Services. If you utilize or access a Third-party Site/Data from the Services, you do so at your own risk. Access grant and restrictions may apply to Third-Party Sites/Data. You expressly release, waive, relieve and hold harmless Breakthrough Broker from any and all liability arising from your use of any Third-Party Site/Data, service or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third-party advertisers. You agree that Breakthrough Broker shall not be responsible for any loss or damage of any sort relating to your dealings with such Third-Party Sites/Data and advertisers.

Proprietary Rights

Content Generated, Created or Provided by You

1. Your Content To the extent you provide or make available to Breakthrough Broker materials, data, content or other proprietary information to use in connection with the Services, you hereby represent and warrant that you shall own or have all necessary rights to all information, including but not limited to custom content, customer information, contracts, mailing lists, documents, advertising materials, logos, designs, comments, chats, messages, data, text, images, audio, video, photographs, data fill fields or blank fields that you populate, and any and all documents and materials that you upload or input to the Services or provide to Breakthrough Broker to upload or input on your behalf (collectively, “Your Content”). The term “Your Content” does not include the Services, the Breakthrough Broker Intellectual Property, or any derivative works thereof. You are responsible for any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, or from your use of the Services. While Breakthrough Broker has not obligation to monitor Your Content, we do reserve the right to review and remove any of Your Content in our sole discretion.

2. License Grant and Representations, Warranties and Disclaimers You hereby grant to Breakthrough Broker a non-exclusive, worldwide, royalty-free, perpetual, sublicensable license and right to host, use, process, reproduce, display and transmit Your Content to provide the Services pursuant to and in accordance with these Terms. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Your Content, and for obtaining all rights related to Your Content required by Breakthrough Broker to perform the Services. Breakthrough Broker has no obligation to verify the information provided in Your Content and disclaims any responsibility for its accuracy and you use the same at your own risk. Your Content shall comply with all Compliance Obligations. You agree to defend, indemnify and hold harmless Breakthrough Broker and its employees, officers, agents, and directors from and against any liability arising from any inaccuracy or inadequacy of Your Content. You represent and warrant that: (a) you have the written consent of each and every identifiable natural person in Your Content to use such person’s name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you and Breakthrough Broker from any liability that may arise in relation to such use; (b) Your Content and Breakthrough Broker’s use thereof as contemplated by these Terms and the Services will not violate any law or infringe any rights of any third party, including but not limited to any copyrights, trademarks, service marks or other intellectual property rights, publicity rights, or privacy rights; (c) Breakthrough Broker may exercise the rights to Your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (d) all of Your Content and other information that you provide to Breakthrough Broker is truthful and accurate. Breakthrough Broker reserves the right to change, condense or delete any content, information, or materials available with or used in connection with the Services (including Your Content) that Breakthrough Broker deems, in its sole discretion, to violate any provision of these Terms. Breakthrough Broker shall not have any liability for any lost content or Your Content.

3. Breakthrough Broker’s Intellectual Property “Breakthrough Broker Intellectual Property” shall mean Breakthrough Broker’s ownership of all Confidential Information (as defined below), the Site, the Services, Feedback, and of all copyrights, patents, trade secrets, service marks, trademarks, proprietary rights, domain name registrations, and other intellectual property rights in and to the Confidential Information and arising therefrom. You shall not contest or otherwise challenge: (a) Breakthrough Broker’s designation of its Confidential Information (as defined below) as trade secrets and commercially sensitive and confidential and proprietary information; or (b) Breakthrough Broker’s ownership of Breakthrough Broker Intellectual Property. Breakthrough Broker is the owner of all Breakthrough Broker Intellectual Property and no title or ownership of the Confidential Information or Breakthrough Broker Intellectual Property is transferred to you by way of these Terms. Except for the express limited rights granted to you to use the Services set forth above, no other rights, whether express or implied, are granted to you, and are reserved to and retained by Breakthrough Broker. You agree that any feedback, suggestions, improvements, enhancements, input and/or feature requests relating to the Services provided by you to Breakthrough Broker (“Feedback”) shall be owned solely by Breakthrough Broker, shall be included as part of the Breakthrough Broker Intellectual Property, and Breakthrough Broker shall be free to use and/or incorporate such Feedback in connection with the Services, Site and/or Breakthrough Broker’s business.

CONFIDENTIALITY

Personal Information

You represent, warrant, covenant and agree that you shall comply with all relevant and/or applicable state and federal data privacy standards and all United States, foreign and other applicable laws, rules and regulations governing data, banking and financial information, real estate, the purchase or sale of real estate, real estate transactions, agencies and brokers, privacy, personal data and personal information and PII (as defined below) including the U.S.-EU Safe Harbor Privacy Framework, the General Data Protection Regulation (GDPR) (EU) 2016/679, the California Consumer Privacy Act (CCPA) AB-375, and any other applicable laws, rules, regulations and guidelines, and all other requirements reasonably requested by Breakthrough Broker (collectively, the “Data Privacy Standards”). You represent, warrant, covenant and agree that for so long as you maintain, possess, acquire, disclose, use, or have access to any PII, you shall at all times maintain the PII in strict confidence and shall not disclose it to anyone or use it for any purposes except as expressly authorized in these Terms and as permitted by applicable law and the Data Privacy Standards, and you shall be and remain in strict compliance with the Data Privacy Standards and that you shall notify Breakthrough Broker within twenty-four (24) hours if you are no longer in compliance with such Data Privacy Standards. Breakthrough Broker shall have the right, at any time, to require you to remove, destroy or purge any information from your possession, custody or control that constitutes PII when required by any of the Data Privacy Standards. Breakthrough Broker shall have the right, but not the obligation, upon reasonable prior notice, to audit you to confirm your compliance with these Terms and the Data Privacy Standards, which audit may include on-site inspections, requests for copies of documents and records, interviews with employees and representatives, proof of compliance, and written certifications executed under oath. The term “PII” means personal information, personally identifiable information, non-public information (NPI), any information about an individual, information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context, and any other information protected or regulated under applicable law and includes: (a) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometric records; (b) credit card, debit card and other banking and payment information; (c) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information; (d) any non-public personal information regarding any individual that is subject to applicable national, state, regional, and/or local laws and regulations governing the privacy, security, confidentiality and protection of non-public personal information; (e) is Personally Identifiable Information, as defined by state breach notification statutes; (f) non-public information (NPI) as defined and/or used by applicable state, federal or local laws, rules or regulations; (g) information appearing on applications for obtaining financial services (such as credit card or loan applications), or on account histories (such as bank or credit card histories), a person’s status (current or previous) with a banking, credit, lending or other financial organization, including names, addresses, telephone numbers, Social Security numbers, PINs, passwords, account numbers, salaries, medical information, and account balances; and (h) any information or materials protected by applicable state, federal or local laws, rules or regulations or governing real estate or its purchase or sale, real estate brokers, agents, transactions or related documents.

Confidential Information

You will treat and hold all confidential, commercially sensitive, proprietary, and/or non-public information (“Confidential Information”) received from Breakthrough Broker in strict confidence and will not use or disclose to anyone any of the information except as otherwise expressly permitted by these Terms. The term “Confidential Information” shall include PII, all user logins and passwords, Breakthrough Broker Intellectual Property, the Site, Services and their features, functionality, work-flow, algorithms, screen displays and methods, system updates and all documentation relating thereto. Any information provided by Breakthrough Broker through the Services shall be considered Confidential Information of Breakthrough Broker. Upon termination, cancellation, or expiration of these Terms for any reason whatsoever, or at Breakthrough Broker’s request at any time, you shall return to Breakthrough Broker all Confidential Information or at Breakthrough Broker’s option, destroy such information.

Compelled Disclosure

Breakthrough Broker reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing Breakthrough Broker to disclose any of Your Content, or any other data, information, the identity of anyone posting content or using the Services or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE, RELEASE AND HOLD BREAKTHROUGH BROKER HARMLESS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BREAKTHROUGH BROKER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BREAKTHROUGH OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.

Term and Termination

a.) Term The term begins on the date these Terms are acknowledged by you and continues in effect until the latter of the initial term identified in the applicable subscription agreement, order form or when you cease access and use of the Services.

b.) Termination Breakthrough Broker shall have the right, in its sole discretion, to at any time for any reason, cease doing business with you or any business, person or entity and/or to terminate or suspend your access to the Services, or any part thereof, temporarily or permanently, at any time and from time to time, and with or without notice, for any reason whatsoever including for record keeping, quality assurance, or if Breakthrough Broker believes that you have violated or acted inconsistently with the letter or spirit of these Terms. These rights and actions are in addition to and not in lieu or limitation of any other right or remedy Breakthrough Broker may have available at law or in equity.

c.) Effects of Termination Upon termination, cancellation or expiration for any reason whatsoever: (a) your right to access and use the Services shall immediately, automatically, and without notice, be revoked; (b) you shall immediately cease all access to and use of the Services and all Confidential Information; (c) you shall return to Breakthrough Broker all Confidential Information; (d) Breakthrough Broker shall have the right to terminate and deny you access to and use of the Services immediately and without notice. The obligations set forth in these Terms which, by their nature, are intended to survive, shall survive the termination, cancellation or expiration of your access to the Services for any reason whatsoever. Such surviving obligations include, without limitation, obligations with respect to Confidential Information, protection of PII and data, and obligations of indemnity and any applicable warranties and representations.

Communications

Our Communications With You. (TCPA Consent for United States Residents)

a.) EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE.

b.) E-MAILS, CALLS, AND TEXTS. THESE COMMUNICATIONS MAY INCLUDE TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, AND TEXT MESSAGES (INCLUDING SMS AND MMS).

BY PROVIDING YOUR PHONE NUMBER, YOU AGREE TO RECEIVE TEXT MESSAGES FROM TELYNX. MESSAGE & DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.

c.) DIALER. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.

d.) NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.

e.) REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE COMMUNICATIONS AT ANY TIME BY REPLYING “STOP” TO ANY OF OUR TEXTS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT, BUT REPLY “STOP” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER TEXT COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP COMMUNICATIONS IF YOU USE A METHOD OTHER THAN THE AUTOMATIC REPLY “STOP.” YOU CONSENT TO RECEIVE A FINAL TEXT MESSAGE CONFIRMING YOUR OPT-OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE EMAIL COMMUNICATIONS BY USING THE “UNSUBSCRIBE” LINK IN AN EMAIL OR ON THE WEBSITE OR BY ANY OTHER REASONABLE MEANS. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT OF EMAIL, BUT “UNSUBSCRIBE” WILL AUTOMATICALLY REVOKE YOUR CONSENT TO FURTHER EMAIL COMMUNICATIONS, AND WE RECOMMEND THAT METHOD. WE MAY TAKE UP TO 30 DAYS TO STOP EMAIL COMMUNICATIONS IF YOU USE A METHOD OTHER THAN “UNSUBSCRIBE”. THE “UNSUBSCRIBE” LINK WILL ALSO PERMIT YOU TO STOP TEXT COMMUNICATIONS.

f.) COMMUNICATION FREQUENCY HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY BECAUSE THE INDIVIDUAL SALESPERSON WHO COMMUNICATES WITH YOU WILL DETERMINE THE FREQUENCY OF COMMUNICATION. You represent and warrant that: You are at least 18 years old You live in the United States (or Canada, in which case the Canadian consents below apply) You have not registered on a national or statewide Do Not Call list You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual

Availability. Our mobile service may only be available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Additional Communications Provisions (For Residents of Canada). In addition to the consent provided above in the Our Communications With You (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’s Personal Information Protection Act (“PIPA”), and Quebec’s Act Respecting the Protect of Personal Information in the Private Sector: You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy Because the purpose of our communications include your interest in our services, our communication with you will continue until you revoke your consent or opt-out. Your personal information may also be transmitted to, used in, and stored in the United States.

Arbitration / Class Action Waiver

READ THIS “ARBITRATION AGREEMENT” CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms, if such third party is named as a party by you in any lawsuit between you and us.

Your Right to Reject Arbitration You may reject this Agreement by mailing a rejection notice to 3457 Ringsby Ct, Suite 212, Denver CO, 80216 Attn. Terms Arbitration Rejection, within 30 days after you agree to these Terms. Any rejection notice must include your name, address and telephone number; the date you agreed to the Terms that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the Terms but will not affect any term of any other policy or contract between you and us (including without limitation any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate.

What Claims Are Covered “Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms, your use of the Services, your Account, any transaction in your Account, the events leading up to the Terms (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief. However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement will not apply to any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Agreement in which you are alleged to be a member of the putative or certified class.

Electing Arbitration; Starting an Arbitration Proceeding Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

Choosing the Administrator The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y 10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.com. You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). A single arbitrator shall be appointed. If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator.

Class Action Waiver Notwithstanding any other provision of the Terms, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency).

Location of Arbitration Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.

Cost of Arbitration Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules or that we are required to pay for this Arbitration Agreement to be enforced.

Governing Law The Terms evidence a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator will have the authority to hear and rule on appropriate dispositive motions for judgment on the pleadings, for failure to state a claim, or for full or partial summary judgment. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Terms, the Administrator’s rules or applicable law. However, with respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Agreement to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or the arbitrator or for our attorneys’ fees and costs unless (1) the arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), and (2) this power does not make this Arbitration Agreement invalid. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

Right to Discovery In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.

Arbitration Result and Right of Appeal Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.

Rules of Interpretation This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Terms, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms Policy or the remaining portions of this Arbitration Agreement, except that:

The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and

If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

Notice of Claim; Right to Resolve; Special Payment Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.

International Users The Services are controlled, operated and administered by Breakthrough Broker from the United States of America. If you choose to access the Services from a location outside of the United States of America, you do so at your own risk and you are responsible for compliance with all applicable local or international laws, regulations or treaties. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES BREAKTHROUGH BROKER DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SITE, THE SERVICES, AND THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH “ALL FAULTS”. BREAKTHROUGH BROKER SPECIFICALLY DOES NOT WARRANT THAT ITS SITE AND SERVICES OR ANY COMPONENT THEREOF WILL (I) PERFORM WITHOUT INTERRUPTION OR ERROR, OR THAT ALL IRREGULARITIES, ERRORS, PROBLEMS OR DEFECTS WILL BE CORRECTED, (II) BE SECURE OR FREE OF DEFECTS, MALWARE, VIRUSES, OR OTHER HARMFUL COMPONENTS, (III) MEET YOUR REQUIREMENTS OR COMPLIANCE OBLIGATIONS, INCLUDING THOSE RELATING TO THE TCPA, TSR AND OTHER APPLICABLE STATE LAWS RELATED TO AUTOMATED CALLING, TEXTING OR OTHER DELIVERY OF TELEMARKETING MESSAGES, OR (IV) BE ACCESSIBLE FROM THE CONFIGURATION THAT YOU MAY SELECT. IN NO EVENT SHALL BREAKTHROUGH BROKER, OR ANY OF ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS, AS SUCH, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES UNDER OR IN CONNECTION WITH THIS AGREEMENT, ITS SITE, OR ANY SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTEREST, REVENUE, DATA OR USE, SECURITY BREACH, OR INTERRUPTION OF BUSINESS, INCURRED BY USER, CLIENT/CONTRIBUTOR OR ANY THIRD PERSON OR ENTITY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DUTY TO WARN AND STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF BREAKTHROUGH BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL CUMULATIVE LIABILITY OF BREAKTHROUGH BROKER, OR ANY OF ITS THIRD-PARTY LICENSORS, AND ITS AFFILIATES, PARTNERS, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AS SUCH, TO USER, OR ANY THIRD PERSON OR ENTITY FOR ANY LOSSES, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL COMPENSATION PAID BY YOU TO BREAKTHROUGH BROKER DURING THE CONSECUTIVE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO SUCH LIABILITY; OR (B) $10,000. AS USED HEREIN, “SECURITY BREACH” MEANS THE ACCIDENTAL OR UNLAWFUL DESTRUCTION, LOSS, ALTERATION, UNAUTHORIZED DISCLOSURE OF, OR ACCESS TO, YOUR CONTENT, INCLUDING ANY PERSONAL INFORMATION.

Indemnification You and any associated Breakthrough Broker Client jointly and severally agree to indemnify, defend, and hold harmless Breakthrough Broker, its affiliates, and their respective directors, officers, employees, and agents from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, whether asserted or threatened claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) any claims arising out of any content, products or services sold or otherwise distributed by us through the Services, including any personal or property injury and damage; (c) your breach of these Terms; (d) your violation of any law or the rights of a third party, including but not limited to your Compliance Obligations; (e) any dispute or issue between you and any third party; (f) any materials you, or anyone using your credentials, upload to, or otherwise make available through, the Services, including but not limited to Your Content; (g) your willful misconduct; and (h) any other party’s access to and/or use of the Services using your account and password, whether authorized or unauthorized by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.

GENERAL

11. 1. Governing Law The parties agree that the laws of the State of Colorado, United States of America, without regard to principles of conflict of laws, will govern these Terms and/or any dispute of any sort that might arise between you and Breakthrough Broker or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.

Assignment The use of the Services and license grants by Breakthrough Broker hereunder are personal to you and may not be assigned, sub-licensed or transferred, in whole or in part, by you, whether by agreement, operation of law, sale, merger, reorganization or change of control of your company or business. Any assignment or transfer by you in violation of this section shall be void and of no force or effect and shall constitute a material breach of these Terms. Breakthrough Broker may assign its rights and responsibilities pursuant to these Terms and any applicable subscription agreement upon notice to you.

Notice Breakthrough Broker may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site or in the Services, as determined by Breakthrough Broker in our sole discretion. Breakthrough Broker reserves the right to determine the form and means of providing notifications to you. Breakthrough Broker is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. All notices, requests or demands to Breakthrough Broker shall be delivered in writing and shall be deemed given only if delivered personally or sent via overnight delivery to Breakthrough Broker’s mailing address. Any legal notice sent by You to Breakthrough Broker must also be emailed to Support@BreakthroughBroker.com. Please contact us at Support@BreakthroughBroker.com with any questions regarding these Terms.

No Waiver The failure or delay of any party in exercising any of its rights hereunder, including any rights with respect to a breach or default by the other party, shall in no way operate as a waiver of such rights or prevent the assertion of such rights with respect to any later breach or default by the other party. No party shall be deemed to have waived any rights under these Terms by any action or inaction unless an express waiver is set forth in writing. The waiver of one breach hereunder shall not constitute the waiver of any other or subsequent breach.

Entire Agreement and Severability These Terms together with any other agreement(s) entered into between you and Breakthrough Broker, including but not limited to any applicable Breakthrough Broker subscription agreement(s) or order form(s), constitute the entire, complete and only agreement between the parties regarding the subject matter contained herein and supersedes all proposals or prior agreements, whether oral or written, and all other communications between the parties relating to this subject matter. Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. However, if any provision of these Terms or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, such provision shall be reduced to such scope as is reasonable and enforceable if possible. Otherwise, such provision shall be severed and ineffective to the extent of such prohibition or invalidity without it invalidating the remainder of the provisions of these Terms or the application of the provision to the other parties or other circumstances.

Relationship of the Parties These Terms do not constitute and shall not be construed as constituting a partnership, agency or joint venture between any of the parties. These Terms shall not be construed as authority for any party to act for any other party in any agency or other capacity or to make commitments of any kind for the account of or on behalf of the other.

Changes to Terms and Authority to Bind

Breakthrough Broker reserves the right, at our sole discretion, to update or revise these Terms at any time without further notice. Any changes shall be effective immediately upon posting by Breakthrough Broker, whether you have actual notice of such changes. Your continued use of Breakthrough Broker’s Services following the posting of any changes to the Terms constitutes acceptance of those changes and your representation that you have the authority to agree and accept any and all changes. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at Support@BreakthroughBroker.com or at this address: 3457 Ringsby Ct, Suite 212, Denver CO, 80216 – ATTN: OPT-OUT. The opt-out shall be effective 10 days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.

Breakthrough Broker LLC 3457 Ringsby Ct, Suite 212

Denver CO 80216

United States of America

Email Address:

Support@BreakthroughBroker.com

Telephone number: 720-440-6236

*Last updated: July 2023

Privacy Notice

Our Contract

You are entering a binding contract with Breakthrough Broker, the website BreakthroughBroker.com and the brokerages, firms, businesses and professionals and their parents and subsidiaries (the “Company,” “us,” “we” and “our”) who provide eXp Marketing Center for your use. By (1) using this website, eXp Marketing Center, and (2) by submitting your information to create a user account, you agree to this Privacy Policy, and you agree that you are giving your express written consent to all the terms below, as well as our Terms and Conditions. You agree that your doing so constitutes your electronic signature, and is equivalent to a written signature. You may choose to receive this contract on paper by calling us at 1-800-682-4661 or emailing us at Support@BreakthroughBroker.com. You may withdraw this consent by using the opt-out procedures described in the “Our Communications With You” section below.

We are committed to protecting your privacy. This Privacy Policy defines the Personal Information and Usage Information that we collect and describes how that information is collected, used, and shared. This Privacy Policy also describes your choices regarding our use of that information, the steps we take to protect your personal information and how you can review and correct your personal information.

This Privacy Policy is in effect for any web page, mobile application, email list, and information, including Personal Information, collected and/or owned by us, regardless of the method of collection (e.g., mail, facsimile, email, sign-up/sign-in page), including collection through any online features, services, and/or programs we offer (collectively, the “Web Properties”). This Privacy Policy is not applicable to any web page, mobile application, social media site, or information, collected and/or owned by any entity other than us.

By accessing the Web Properties, you are consenting to the information collection and use practices described in this Privacy Policy. Your use of the Web Properties is also governed by the Terms and Conditions.

ADDITIONAL COMMUNICATIONS PROVISIONS (For Residents of Canada)

In addition to the consent provided above in the Our Communications With You (United States) section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (“CASL”), Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) and Canadian provincial law including Alberta’ Personal Information Protection Act (“PIPA”), British Columbia’s Personal Information Protection Act, and Quebec’s Act Respecting the Protection of Personal Information in the Private Sector:

• You agree to the provisions governing use and disclosure of personal information that are found in our Terms and Conditions.

• Because the purpose of our communications include your interest in future real estate purchases, our communication with you will continue until you revoke your consent or opt-out, which indicates you are no longer considering real estate opportunities.

• Your personal information may also be transmitted to, used in, and stored in the United States.

Dispute Resolution - Arbitration Agreement (Mandatory Binding Arbitration and Class Action Waiver)

Binding arbitration lets an independent third party resolve a Claim without using the court system, judges, or juries. Either you or we may require the submission of a Claim to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has begun. If either you or we don't submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses (including attorney's fees and expenses) incurred by the other in compelling arbitration.

Neither you nor we will be entitled to:

• Join, consolidate, or combine Claims by or against others in any arbitration; or

• Include in any arbitration any Claims as a representative or member of a class; or

• Act in any arbitration in the interest of the general public or in a private attorney general capacity.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms & Conditions and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us” and “our” mean “us” as defined above, our parent companies, wholly or majority owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns and any of their employees, officers and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms, if such third party is named as a party by you in any lawsuit between you and us.

A. Your Right to Reject Arbitration

You may reject this Agreement by mailing a rejection notice to 3457 Ringsby Ct, Suite 212, Denver CO, 80216 Attn. Terms & Conditions and Privacy Policy Arbitration Rejection, within 30 days after you agree to these Terms. Any rejection notice must include your name, address and telephone number; the date you agreed to the Terms & Conditions that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the Terms & Conditions and Privacy Policy, but will not affect any term of any other policy or contract between you and us (including without limitation any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate that arises pursuant to the Terms & Conditions on the Company’s website which is not the subject of a valid rejection notice.

B. What Claims Are Covered

“Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms & Conditions of Privacy Policy, your use of the Services, your Account, any transaction in your Account, the events leading up to the Terms & Conditions or Privacy Policy (for example, any disclosures, advertisements, promotions or oral or written statements, warranties or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms & Conditions or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations or the relationships resulting from any of the foregoing. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and claims for money damages and injunctive or declaratory relief.

However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (K) set forth below titled “Rules of Interpretation” and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms & Conditions or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state’s equivalent court, if any. But if that action is transferred, removed or appealed to a different court, we then have the right to choose arbitration.

C. Electing Arbitration; Starting an Arbitration Proceeding

Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Similarly, if we assert a Claim against you in court, you assert a counterclaim against us, and we elect to arbitrate that counterclaim by filing a motion to compel arbitration which is granted by the court, you will be responsible for starting the arbitration proceeding. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Agreement.

D. Choosing the Administrator

The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, N.Y 10271, www.adr.org., or JAMS, 1920 Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.com. You may contact these organizations directly if you have any questions about the way they conduct arbitrations or want to obtain a copy of their rules and forms (which are also available on their websites). A single arbitrator shall be appointed. If for any reason the Administrator selected is unable or unwilling to serve or continue to serve as Administrator, the other company will serve as Administrator. If neither the AAA nor JAMS is able or willing to serve as Administrator, we and you will mutually agree upon an Administrator or arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel provided for in Section “j”, below). No company may serve as Administrator, without the consent of all parties, if it adopts or has in place any formal or informal policy that is inconsistent with and purports to override the terms of the Class Action Waiver in section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with more than 10 years of experience or a retired judge. Arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the applicable rules of the arbitration Administrator.

E. Class Action Waiver

Notwithstanding any other provision of the Terms & Conditions or Privacy Policy, if either you or we elect to arbitrate a Claim, neither you nor we will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. (Provided, however, that the Class Action Waiver does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency).

F. Location of Arbitration

Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.

G. Cost of Arbitration

Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the administrator may have a procedure whereby you can seek a waiver of fees charged to you by the Administrator and arbitrator. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules or that we are required to pay for this Arbitration Agreement to be enforced. With respect to Claim(s) asserted by you in an individual arbitration, we will pay your reasonable attorney, witness and expert fees and costs if and to the extent you prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Agreement to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or the arbitrator or for our attorneys’ fees and costs unless (1) the arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), and (2) this power does not make this Arbitration Agreement invalid. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

H. Governing Law

The Terms & Conditions or Privacy Policy evidences a transaction involving interstate commerce and, therefore, this Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and not by any state arbitration law. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. The arbitrator will have the authority to hear and rule on appropriate dispositive motions for judgment on the pleadings, for failure to state a claim, or for full or partial summary judgment. All parties (the AAA/JAMS, the arbitrators, you and we) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Arbitration Agreement, is completed within 180 days of filing the Claim with the AAA or JAMS. This provision will be liberally construed to ensure the enforcement of this Arbitration Agreement. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the FAA that would apply if the matter had been brought in court. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Terms of Use or Privacy Policy, the Administrator’s rules or applicable law.

I. Right to Discovery

In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request.

J. Arbitration Result and Right of Appeal Judgment

Judgment upon the award given by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except in a dispute between the same parties, in which case it could be used to preclude the same claim from being re-arbitrated. If the amount of the Claim exceeds $25,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. (If an appeal is not filed within that time period, the arbitration award shall become final and binding). The panel shall reconsider de novo (anew) any aspect of the initial award requested by the appealing party. This means that they shall reach their own findings of fact and conclusions of law rather than deferring in any manner to the original arbitrator. The decision of the panel shall be by majority vote. Reference in this Arbitration Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with subparagraph (g) above, captioned “Cost of Arbitration.” Any final decision of the appeal panel is subject to judicial review only as provided under the FAA.

K. Rules of Interpretation

This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms & Conditions or Privacy Policy, any legal proceeding, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Terms & Conditions or Privacy Policy, on the other hand, this Arbitration Agreement shall govern. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Terms& Conditions or Privacy Policy or the remaining portions of this Arbitration Agreement, except that:

(A) The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between them and is non-severable from this Arbitration Agreement. If the Class Action Waiver is limited, voided or found unenforceable, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and

(B) If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for public injunctive relief be arbitrated.

L. Notice of Claim; Right to Resolve; Special Payment

Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.

Governing Law Venue

The parties agree that the laws of the State of Colorado, United States of America, without regard to principles of conflict of laws, will govern these Terms and/or any dispute of any sort that might arise between you and Breakthrough Broker or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.

Your consent to future changes

You agree that we may change the website, these Terms and Conditions, and our Privacy Policy at any time. If we change these Terms and Conditions or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. You should review our Terms and Conditions and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms and Conditions or Privacy Policy will expressly reaffirm your express written consent to the Terms and Conditions, and acceptance of the changes. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at Support@BreakthroughBroker.com or at this address: Breakthrough Broker, 3457 Ringsby Court, Unit 212, Denver, CO, 80216. The opt-out shall be effective 10 days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms and Conditions in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.

Types of Information Collected

The Company, and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Web Properties, may collect two types of information when you visit the Web Properties: Personal Information and Usage Information. Generally, you can visit the Company's websites without entering any Personal Information. In certain cases, we may ask you for personal information to provide a service or carry out a transaction that you have requested.

Personal Information: The types of information we collect may include, among other things, the following categories of information (collectively, “Personal Information”):

• contact information (e.g., name, title, company/organization name, email address, telephone and facsimile numbers, and physical address)
• demographic information, such as date of birth, nationality and country of residence, which allows us to determine your eligibility under certain regulations to receive certain information;
• information about your company and job function
• your email marketing preferences
• inquiries about and orders for our products and services
• event registration information
• feedback from you about the Web Properties and our products and services generally
• financial information, such as bank account and credit/debit card numbers
• information included in text messaging
• other information specific to you.

You are not required to provide any of this information, but if you choose not to provide certain information, we may not be able to provide the requested service or complete your transaction.

Usage Information: The types of usage information we collect may contain generic information about your visit to the Web Properties, such as the following categories of information (collectively, “Usage Information”):

• Internet Protocol (or IP) address, protocol and sequence information
• browser language and type
• domain name system requests
• operating system and platform, device type and device identifiers
• hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data
• MAC address, device ID / UDID, or similar device - specific code
• geolocation information.

We do not link the above information to your identity or a user account for use in connection with the Web Properties (your “User Account”), unless you enter the site with a User Account or are logged into your User Account at the time you visit the site.

On sites that you enter with a User Account, we may connect your browsing history (including time spent at the Web Properties, time and date of your visit, links you click), number of bytes transferred, the material and pages you accessed, the number of clicks, and other actions taken at a Web Property (all of which are also Usage Information) with your identity to determine your potential interests in our products and services.

How Information Is Collected We may collect Personal Information and Usage Information about you from the following sources:

• information we receive from you as a result of your use of our services
• information we receive from you, or on your behalf, through forms you complete, or through your communication to us (for example, an inquiry about a property, to sign up for our mailing list, or to receive our mailings, newsletter or updates)
• information we receive from you through the Web Properties, such as when creating a User Account
• information we receive from your computer or mobile device, such as texting services
• information we receive from our partners or service providers
• information we receive from other sources, as permitted by applicable laws, rules and regulations
• information we receive from you, even if we have not requested such information and the information is not information that we normally collect.

Cookies: From time to time, we may use “cookies” to keep track of your visit and use of the Web Properties. Cookies are small files that websites save to your hard disk or to your browser's memory. We may use them to track the number of times you have visited the site, to track the number of visitors to the site, to determine and analyze visitors' use of our sites (including the effectiveness of online advertising), to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your User Account, elements of your user profile, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you may not fully be able to experience the features of the Web Properties.

Web Analytics: The Company uses industry standard web analytics to track web visits.

Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may include web beacons in promotional email messages or Newsletters in order to determine whether messages have been opened and acted upon.

Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Web Properties and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.

Use of Collected Information

Information collected by us may be used for the following main purposes:

• Web Properties Operation and Improvement: We may use your information to (a) improve Web Properties and related products or services, or to make the Web Properties easier to use (for example, by eliminating the need for you to repeatedly enter the same information), (b) setting up and managing your User Account, including processing your requests for information; (c) providing support, products or services to you, and/or (d) customizing the Web Properties to your particular preference or interests.

• Services and Transactions: We and our third party service providers may use your personal information to deliver services or carry out transactions you have requested or in which you may be interested.

• Communications: We may use your personal information gathered via the Web Properties to inform you of products or services available from us, as you agreed to and as described further above, and in our Terms and Conditions. We and/or any of our third-party service providers may send you information about existing and new services, products, and special offers, by email, telephone, mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers. In order to offer you a more consistent experience in your interactions with us, information collected by our Web Properties may be combined with information we collect by other means. Each advertising email communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within 10 business days.

• Employment Applications: In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout the Company and its controlled subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so.

This Privacy Policy is not intended to place any limits on what we can do with information that is aggregated or de-identified so it is no longer associated with an identifiable user of the Web Properties.

Disclosure of Your Information:

Except as described below, the information you provide to the Company through the Web Properties will not be shared outside of the Company without your permission.

Disclosure to Service Providers and Customers: We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the products and services of our trusted business partners. We require that these parties agree to process such information in compliance with our Privacy Policy or in a similar, industry-standard manner. These parties may store some or all of your information on servers outside of the United States. The use of your information by one of our trusted business partners may be subject to that party’s own privacy Policy.

Transfers of Information: We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets. We cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above-described proceedings. Furthermore, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

We may also disclose your Personal Information with your permission or as directed by you. We do not sell or share text data or consent data with third parties for promotional or marketing purposes.

Security

We are committed to protecting the security of your personal information. We use technical, administrative and physical security measures designed to protect your personal information from unauthorized access, use, or disclosure.

You are ultimately responsible for ensuring the security of your username, password and User Account information from unauthorized access, use or disclosure to others. When using the Web Properties, you are not permitted to circumvent the Web Properties’ security features.

You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session. While we use technologies and procedures designed to protect your confidential information and provide suitable security, please be aware that no security measures are perfect or impenetrable. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

Reviewing and Correcting Your Personal Information

You can make a request to review and correct your Personal Information collected via the Web Properties by completing our “Contact Us” form or, if you have a User Account, by accessing your User Account. We may take steps to verify your identity before providing you access to your Personal Information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or email address.

Children's Information

The Web Properties are not intended for or designed to attract children under the age of thirteen (13). By using the Web Properties, you affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.

Links to Other Sites

The Web Properties may now or in the future contain links to other sites such as Breakthrough Broker affiliates, professional organizations, and third party businesses that advertise on the Web Properties. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. Other than under agreements with certain reputable organizations and companies (such as certain third party advertisers on the Web Properties), and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties links, although we may share aggregate, non-personally identifiable information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.

International Users

If you are visiting us from outside the United States, please note that we may collect, transfer, and continue to use your Personal Information outside of your country and within the United States for any of the purposes described in this Privacy Policy. By using the Web Properties and providing us with your Personal Information, you consent to our collection, transfer, and continued use of your Personal Information in accordance with this Privacy Policy.

Choices with Your Personal Information

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, in the event this information is essential for us to provide certain services to you, we will be unable to provide you with those services if you choose to withhold requested information.

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by email at Support@BreakthroughBroker.com. We will undertake reasonable efforts to notify third parties with whom we have shared your Personal Information as permitted under this Privacy Policy of your election to opt out. There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us.

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities, if any).

To obtain this information, please send an email message to Support@BreakthroughBroker.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

For additional rights as a California consumer, please visit Breakthrough Broker’s California Privacy link.

For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, please call (800) 682-4661, or email Support@BreakthroughBroker.com.

For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request please email Support@BreakthroughBroker.com or call (800) 682-4661.

For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request please email Support@BreakthroughBroker.com or call (800) 682-4661.

For Utah Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request please email Support@BreakthroughBroker.com or call (800) 682-4661.

“Do Not Track” Signals

Note that your browser settings may allow you to transmit automatically a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Company currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.

If you have additional questions or comments or would like to access your Personal Information or opt out of certain sharing, please let us know by sending your comments or requests to:

Breakthrough Broker

3457 Ringsby Court, Unit 212

Denver, CO 80216

Phone: 1 (800) 682-4661

Email: Support@BreakthroughBroker.com

Effective as of: July 1, 2023

Last updated: April 10, 2024

California Privacy Notice

Breakthrough Broker (“our,” “us,” or “we”) respects and is committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a California resident (“Consumer”), have regarding your Personal Information (“California Privacy Rights”).

Collection of Categories of Personal Information:

In the preceding 12 months, Breakthrough Broker has collected, and will continue to collect, the following categories of Personal Information from you:

• Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver’s license number, state identification card, financial information, date of birth, or other similar identifiers;

• Characteristics of protected classifications under California or Federal law;

• Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories;

• Internet or other electronic network activity information including, but not limited to browsing history, search history, and information regarding a Consumer’s interaction with an Internet website or advertisement;

• Geolocation data;

• Professional or employment information;

• Education Information.

This Personal Information is collected from the following sources:

• You or your agent on applications or other forms or from your transactions or interactions (including use of websites and mobile applications and engagement with advertisements);

• Third party advertising vendors, data analytics providers, internet service providers, and social networks;

• Breakthrough Broker, our affiliates, or others you have transacted with;

• Consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

This Personal Information is collected for the following business purposes:

• To provide products and services to you or in connection with a transaction involving you;

• To advertise to you;

• To perform a contract between Breakthrough Broker and the Consumer;

• To improve our products and services;

• To comply with legal obligations;

• To protect against fraudulent or illegal activity;

• To communicate with you about Breakthrough Broker or our affiliates;

• To maintain an account with Breakthrough Broker or our affiliates;

• To provide support, personalize, and develop our websites, products, and services;

• As described to you when collecting your personal information or as otherwise permitted by the California Consumer Privacy Act.

Disclosures of Personal Information for a business purpose:

In the preceding 12 months, Breakthrough Broker has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties:

• Our affiliates and other Breakthrough Broker subsidiaries;

• Non-affiliated third parties, as directed or permitted by you;

• Businesses in connection with the sale or other disposition of all or part of the Breakthrough Broker business and/or assets;

• Service Providers and non-affiliated third parties such as internet service providers, data analytics providers, and social networks;

• Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order.

Sale and Sharing of Personal Information:

We may also share your Personal Information by selling it to third parties, subject to your right to opt-out of those sales. In the preceding 12 months, as the terms are defined by the California Consumer Privacy Act (CCPA), as amended, Breakthrough Broker has “sold” or “shared” the following categories of information:

• Internet or other electronic network activity information

Breakthrough Broker has “sold” the above categories of information collected from your activity on our websites to non-affiliated third parties such as internet service providers, data analytics providers, and social networks, to enable us to provide you with advertisements about our products and services on our websites and on third party websites. These “sales” may also take the form of “sharing,” as defined under California law, when those third parties engage in cross-context behavioral advertising on our behalf. To opt-out of Personal Information “sales” or “sharing” visit Support@BreakthroughBroker.com. Breakthrough Broker does not “sell” or “share” Sensitive Personal Information. Our Personal Information sales or sharing does not include information about individuals we know are under age 16.

Retention Periods:

Due to the breadth and variety of data collected by Breakthrough Broker, it is not possible for us to provide you with a comprehensive list of timeframes during which we retain each category of Personal Information. Breakthrough Broker retains categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This time period varies depending on the purpose for which we collected the information, the nature and frequency of our interactions and relationship with you, whether we have a legal basis to continue retaining the information, industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements.

Personal Information of minors:

Breakthrough Broker does not knowingly collect the Personal Information of minors.

Sensitive Personal Information:

Consumers have the right to limit the use or disclosure of their “Sensitive Personal Information” to just actions necessary to perform specific purposes listed in the CCPA, as amended. Sensitive Personal Information includes government identifiers (social security, driver’s license number or state ID, and passport number), precise geolocation, racial or ethnic origin, and other categories defined in California law. Breakthrough Broker does not use or disclose Sensitive Personal Information for any purposes other than those specified in the CCPA, as amended.

Right to know:

Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including the categories of such Personal Information, as well as the purpose for such collection, use, disclosure, sharing, or selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific pieces of Personal Information collected about the consumer. Consumers have the right to request Breakthrough Broker disclose what Personal Information it collected, used, and disclosed in the past 12 months, or since January 1, 2022.

Right to request deletion:

Consumers have a right to request the deletion of their personal information.

Right to Correct:

Consumers have the right to correct inaccurate Personal Information.

Right to non-discrimination:

Consumers have a right not to be discriminated against for exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights.

Privacy Requests

To exercise any of your California Privacy Rights, or if acting an authorized agent on behalf of another individual, please visit California Privacy Request, call us Toll Free at 888-413-1748, or write to the address at the end of this notice.

Upon making a California Privacy Request, Breakthrough Broker will verify the consumer’s identity by requiring an account, loan, escrow number, or other identifying information from the consumer.

The above-rights are subject to any applicable rights and obligations including both federal and California exemptions rendering Breakthrough Broker, or Personal Information collected by Breakthrough Broker, exempt from certain CCPA requirements.

A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents’ requests will be processed like any other CCPA request, but Breakthrough Broker will also require the Consumer provide the agent written permission to make the request and verify his or her identity with Breakthrough Broker.

California Privacy Notice – Effective Date:

Contact for more information:

For questions or concerns about Breakthrough Broker’s California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please follow the link “ California Privacy,” call Toll Free 888-413-1748, or by mail to:

Breakthrough Broker
3457 Ringsby Court, Unit 212
Denver, CO 80216
Email: Support@BreakthroughBroker.com

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