Terms of Use (User Agreement)

Introduction

Welcome to http://www.consumerbreak.com and the ConsumerBreak® mobile application. This website and mobile app is owned and operated by Concept & Innovation Group, LLC. By visiting our website and mobile app and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. The revised version will be effective at the time we post it and the modification date will be updated below.

This agreement is in effect as of January 10th, 2022.

Responsible Use and Conduct

By visiting our website and mobile app and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, (b) the Official Rules of the ConsumerBreak® Promotion, (c) the ConsumerBreak® Privacy Policy, and (d) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:
A) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration and prize redemption process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
B) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account.
C) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
D) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
E) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
F) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
G) You agree to indemnify and hold harmless Concept & Innovation Group, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using our website and mobile app, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

I) The use of our Resources will meet your needs or requirements.

II) The use of our Resources will be uninterrupted, timely, secure or free from errors.

III) The information obtained by using our Resources will be accurate or reliable.

IV) Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

V) Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

VI) No information or advice, whether expressed, implied, oral or written, obtained by you from Concept & Innovation Group, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Concept & Innovation Group, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on ConsumerBreak, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Concept & Innovation Group, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Concept & Innovation Group, LLC.

All sponsored content within the game on the ConsumerBreak mobile app, including but not limited to text, graphics, audio, and links are the intellectual property of each sponsoring advertiser, and are protected by applicable copyright and trademark law described in each party's separate Terms of Use. Concept & Innovation Group, LLC does not own and does not sell or trade any of the content displayed in the game, and has been authorized by each responsible party to use as marketing material. If you find that your copyrighted material is being used in the ConsumerBreak app without your permission, contact us at contact@consumerbreak.com so we can remove it immediately.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website, mobile app, and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website and mobile app is controlled by Concept & Innovation Group, LLC from our offices located in the state of West Virginia, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of WV and the United States, participation is only open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older. See the Official Rules for more details.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in WV, United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, Concept & Innovation Group, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.

Contact Information

If you have any questions or comments about this User Agreement as outlined above, you can contact us at contact@consumerbreak.com.

Concept & Innovation Group, LLC Charleston, WV 25302 United States