Welcome to the Internet Sites of BreadStreet.com Inc., ("BreadStreet").
BreadStreet includes www.BreadStreet.com, www.InvestorInspector.com, www.RestaurantFundingCafe.com , www.BusinessFinancingToday.com
and other sites affiliated with BreadStreet that
have the BreadStreet logo. (each a "BreadStreet Company” Site).
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS
OR ANY OTHER SITE OWNED AND OPERATED BY BREADSTREET. By using the
Site or Sites, you signify your agreement to these terms of use. If
you do not agree to these terms of use, please do not use the BreadStreet
Sites. We reserve the right, at our discretion, to change, modify, add,
or remove portions of these terms at any time. Please check these terms
periodically for changes. Your continued use of this BreadStreet Site
following the posting of changes to these terms will mean you accept
those changes.
ACCOUNT MEMBERSHIP AND SUBSCRIPTION:
You may list yourself as a Member of the BreadStreet.com, Inc service
for free. However, if You desire to use the Breadstreet.com, Inc. service
to initiate communication with investors or any other member or associate
of Breadstreet.com, Inc. and use certain other parts of the service,
You must register as a subscriber and pay the fees that are required
by BreadStreet.com, Inc. Breadstreet.com Inc. reserves the right, at
any time, to change any fees or charges for use of the service. To become
a Member, follow the appropriate steps to register yourself for the
Breadstreet.com, Inc service. When and if you become a Member, you and
your company agree to provide accurate, current and complete information
about Yourself and your company. Further, You agree that BreadStreet.com,
Inc. may rely on Your volunteered information as correct, up to date
and comprehensive. You acknowledge that if volunteered information if
false, erroneous, out of date or incomplete in any way, Breadstreet.com,
Inc. has the right without contest to terminate Your service and this
agreement. Further, You understand and agree that as a member of BreadStreet.com,
Inc. you will be receiving communications via e-mail, phone or mail
from BreadStreet.com, Inc. and/or BreadStreet.com, Inc. contractors,
affiliates or other type of related parties. You understand that the
only way to avoid any such communications is to cancel your account
by sending an e-mail to investors@breadstreet.com requesting the cancellation of your account
and including your full name and e-mail address that you provided when
you opened an account.
SALES AND REFUND POLICY
All sales at any BreadStreet sites
are final. No exchanges or refunds are allowed. Store credit may be
issued in some cases at the sole discretion of BreadStreet.com, Inc.
BILLING
We reserve the right to change the amount of, or basis for determining,
any fees or charges for services we provide, and to institute new fees,
charges, or terms effective upon prior notice to customers via this
web site. We reserve the right to terminate your account at any time
for any reason.
Most products and services at the BreadStreet sites are billed one time
only at the time you place an order, which means that you will not be
charged if you do not place any orders. Yes, you may select some subscription
based products and services. If you select a subscription-based product
or service with any of our sites, you hereby agree to pay all charges
to your account, including and not limited to applicable taxes and charges
for the use of additional service features that are not included in
your subscription package. You will be charged in accordance with billing
terms in effect at the time the fee or charge becomes payable. For subscription-based
services, your charge remains for each subscription period no matter
if you make several calls or zero (0) calls during any subscription
period. For greater certainty, IF YOU DO NOT USE THE SERVICE, THE
OBLIGATION REMAINS TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR
SUBSCRIPTION. For more information regarding canceling your subscription
see the "SUBSCRIPTION CANCELLATION" section below.
Please Note: Your Subscription will
be automatically renewed and your credit card account will be charged
as follows:
The renewal charge shall be equal to the original customer signup price,
unless otherwise notified in advance by the BreadStreet site. Customer's
Subscription will be automatically renewed and Customer's credit card
account will be charged according to the subscription plan selected
from the Client (monthly, 3-months, 1-year counted after Customer's
initial Sign Up charge date). Without notice, BreadStreet may
adjust Customer's renewal date in future subsequent months. This will
be reflected by charging the Customer's account on a pro-rated basis
according to the number of days that have passed since the date of the
Customer's latest renewal charge.
Customer's right to use the Service
is subject to any limits established by BreadStreet or by Customer's
credit card issuer. If payment cannot be charged to Customer's credit
card or Customer's charge is returned for any reason, including charge
back, BreadStreet reserves the right to either suspend or terminate
Customer's access and account, thereby terminating this Agreement and
all obligations of BreadStreet hereunder.
If Customer has reason to believe that
Customer's account is no longer secure (for example, in the event of
a loss, theft or unauthorized disclosure or use of Customer's ID, password,
or any credit, debit or charge card number stored on the BreadStreet
site) Customer must notify BreadStreet immediately of the problem to
avoid Customer's possible liability for any unauthorized charges to
Customer's account.
CANCELLATION
Your account may be terminated by BreadStreet.com, Inc for any reason,
without notice or explanation. Such termination can be at BreadStreet.com,
Inc sole discretion without your consent. In such an event any
and all fees for received serviced and/or resources are non-refundable.
You may terminate this agreement for
any reason, in you sole discretion by sending a cancellation notice
to investors@breadstreet.com including your full name and e-mail address
on record with us.
SUBSCRIPTION CANCELLATIONS
You can cancel a subscription service
but still maintain your account with us active. To cancel a subscription,
please send an e-mail to investors@breadstreet.com with a subject line “Cancel Subscription”.
Make sure to include your full name and e-mail address on record with
us. This request will cancel your subscription and ensure your credit
card does not get charged for a future period but we will not cancel
your FREE membership account with BreadStreet.com, Inc.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any BreadStreet Site are the copyrighted
property of BreadStreet Inc., or its subsidiaries or contracted companies
and/or third-party licensors. All trademarks, service marks, and trade
names are proprietary to BreadStreet.com Inc., or its contractors. No
material from any BreadStreet Site or any Internet site owned, operated,
licensed, or controlled by us, our contractors or affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of the materials on
any single computer for your personal use or for the one-time use of
your business, provided that (i) you keep intact all copyright and other
proprietary notices, (ii) (ii) you do not use the materials in a manner
that suggests an association with any of our products, services, or
brands, and (iii) you do not download quantities of materials to a database
that can be used to avoid future downloads from any BreadStreet Site.
For purposes of these terms, the use of any such material on any other
Web site or computer environment is prohibited. All funding materials,
investor records, services instructions, trademarks, service marks,
trade names are proprietary to us.
In the event you download funding materials
or investor records from any BreadStreet Site or you receive the materials
or records directly from BreadStreet.com, Inc. via e-mail, mail or phone,
the materials or records, including any files, images and information
incorporated and data accompanying the information records (collectively,
the "Information Records") are licensed to you by us for your
personal or single business use only. We do not transfer title to the
Information Records to you. You own the medium on which the Information
Records are recorded, but we retain full and complete title to the Information
Records and all intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer or disassemble the Information Records
in any way.
You further agree not
to transfer, give away or allow investor leads records received by BreadStreet.com,
Inc. to be viewed by third parties such as friends, business partners,
associates or others (including but not limited to contractors of BreadStreet.com,
Inc.) and you understand that the investor leads are for your use only
and cannot be provided to any parties without the written consent of
BreadStreet.com, Inc.
PROPRIETARY INFORMATION RIGHTS:
You (a Client or an Investor Member) represent and make a promise to
Breadstreet.com, Inc that the information posted in Your profile is
exclusively Yours or property of Your company. In the event you provide
information that is not exclusively Yours to our system it must be information
which is in the public domain or for which You have been given express
written permission to use. Additionally, it is not the duty of Breadstreet.com,
Inc. to clear, validate, examine any content You or Your company provide,
post or upload. Further, You agree You will not copy, modify, publish,
transmit, distribute, perform, display, or sell any proprietary information
belonging to others. By posting any content on any service of BreadStreet.com
Inc., You automatically grant, and You Confirm that any information
posted, registered or provided to BreadStreet.com, Inc. You have the
right to post or provide to Breadstreet.com, Inc. You also guarantee
to Breadstreet.com, Inc. You have and hold the right to provide, to
Breadstreet.com, Inc and other members or the public in general, free
of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid,
worldwide license to, sublicense use, copy, perform, display, promote,
publish and distribute such information and content or derivative thereof.
And you authorize Breadstreet.com, Inc to use the information in any
lawful way Breadstreet.com, Inc deems appropriate. However, members
or customers may not modify copy, reproduce, transmit, distribute, publish,
create derivative works from, display or otherwise transfer for non
commercial or commercial purposes any of the Content of Breadstreet.com,
Inc.
DISCLAIMER
THE MATERIALS, INVESTOR, CLIENT RECORDS AND SERVICES AT THIS BREADSTRET
SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON ANY BREADSTREET SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY BREADSTREET SITE OR THE
SERVERS THAT MAKE HOST MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY BREADSTREET
SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility
for the accuracy, content, or availability of information found on sites
that link to or from any BreadStreet Site. We cannot ensure that you
will be satisfied with any products or services that you purchase from
any BreadStreet Site or third-party content on our sites. We do not
endorse any of the products or services, nor have we taken any steps
to confirm the accuracy or reliability of, any of the information contained
in such third-party sites or content. We do not make any representations
or warranties as to the security of any information (including, without
limitation, credit card and other personal information) you provide
at a BreadStreet site and you hereby irrevocably waive any claim against
us with respect to any security issues. Further, we do not take any
liability for actions and or services provided by any Investors, Contractors
or Affiliates of BreadStreet.com, Inc. We strongly encourage you to
make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline negotiations with Investors, Clients,
Contractors or other parties you got in touch with via a BreadStreet
site.
Your Legal compliance is Your responsibility
(that of the Client or the Investor). BreadStreet.com, Inc. does not,
has not and will not induce, negotiate, explain, make sales or close
transactions of any kind for its Clients or its Investors. Investors
must conduct their own due diligence as to their rights and the Clients’
legal compliance if considering an investment.
BreadStreet.com, Inc. is not a broker,
funding source, bank, lending company and/or legal council. More importantly,
there are risks* associated with business transactions of any kind and
one should not purchase any records or services from BreadStreet.com,
Inc. unless he/she/it can withstand a total loss of the purchase price.
* Market, political, or economic
conditions could change—Your type of business or industry may be viewed
unfavorably—Your organization may not have the credibility to captivate
participants—Your public relations personnel may not be skilled in
dealing with such a market--Breadstreet.com, Inc. could loose contractors
or key personnel which could delay, offset or even terminate normal
productivity.
No Liability: You agree to hold
harmless Breadstreet.com, Inc. and its employees, associates, directors,
officers, contractors, subcontractors, partners, shareholders or any
entity Breadstreet.com, Inc. does any from of business with against
any action, suite, judgment or claim of any kind whether, civil, criminal
or administrative that in any way may arise. You understand that no
guarantee can be made or implied that You will find the resource you
seek through the Breadstreet.com, Inc. service or system.
Indemnification: You indemnify Breadstreet.com, Inc. and its
employees, associates, directors, officers, contractors, subcontractors,
partners, shareholders or any entity Breadstreet.com, Inc. does any
form of business with against any action, suite, judgment or claim whether,
civil criminal or administrative arising from any action, event, representation,
or any unlawful, unethical, defaming conduct on Your part.
Non-Circumvent: You agree to use the Breadstreet.com, Inc system
and services as intended, namely to introduce parties for the parties
potential mutual benefit and to render fees to Breadstreet.com, Inc.
for this valuable service. You also agree that bypassing, circumventing
Breadstreet.com Inc. is highly detrimental to Breadstreet.com, Inc.
You therefore agree to always include Breadstreet.com, Inc. in communications
with any relationship you derive from use of the Breadstreet.com, Inc
system from this time forward without expiration.
Human Resource, Contractors or Subcontrators Value: You agree
the employees, personnel contractors and subcontractors whether company
or natural person are a valuable asset of Breadstreet.com, Inc. Therefore,
you understand any attempt to use, exploit, hire, contract, or bypass
Breadstreet. com, Inc. for personal or commercial gain by utilizing
any employees, personnel contractors and subcontractors whether company
or natural person, will be considered as receiving an asset of Breadstreet.com,
Inc. and as such worth no less than one million US Dollars per instance.
To obtain use of any employees, personnel contractors and subcontractors
whether company or natural persons You agree to have permission in writing
from Breadstreet.com, Inc.
Resource Verification: Although Breadstreet.com, Inc makes thorough
attempt to validate sources in the system of the Breadstreet site, BreadStreet.com.
Inc. does not warrant that all parties have provided accurate
information and it is the responsibility of any member, user whether
person, organization or company to verify the qualified status of the
party or parties he/she/it is considering engaging in a relationship,
transaction, negotiation or conducting business with.
Jurisdictional Issues:
Unless otherwise specified, the materials in any BreadStreet Site are
presented solely for the purpose of promoting programs, products and
services available in the United States and its territories, possessions,
and protectorates. BreadStreet is controlled and operated by BreadStreet
Inc. and its affiliates from its U.S. offices in San Angelo, Texas.
We make no representation that materials on any BreadStreet Site are
appropriate or available for use in any particular location. Those who
choose to access a BreadStreet Site do so on their own initiative and
are responsible for compliance with local laws, if and to the extent
local laws are applicable.
Dispute Resolution:
Any dispute relating to this agreement shall be settled by binding arbitration
in the state of Texas. Both parties waive any right to a court at law.
The non-prevailing party will pay all cost associated with enforcement
of this agreement.
Final Agreement: No oral modification can be made to the terms
of use of the Breadstreet.com, Inc service or system. This agreement
supersedes any prior or simultaneous oral or written agreement or communication.
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