TERMS OF SERVICE 

INTRODUCTION

Welcome to breakeast-surf.com. This website is owned and operated by Tripping Life Conscious, Inc. (“We”, “Us”, “Our”).  By visiting our website 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'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). 

 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.

LIMITED LICENSE

We grant you a limited license to access our website for your personal use.  You agree not to download or modify the website, or any portion of the website, without our express written consent. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the website’s home page so long as the link does not portray the website or use or our products and/or services in a false, misleading, derogatory, or otherwise offensive matter.

RESPONSIBLE USE AND CONDUCT

By visiting our website 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 the terms of this User Agreement. 

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 process to set up an account, 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. 

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/s. You agree not to use any other user’s account and to not let others use your account.  You are responsible for anything that happens in connection with your account.  If you believe your account has been compromised immediately contact our customer service by email at customerservice@breakeast-surf.com.  You are prohibited from selling, trading or otherwise transferring your account, password or any information therein to any third party or charging anyone for access to any portion of the website.

You agree that you shall not:

(i) access (or attempting to access) any of our Resources by any means other than through the means we provide; (ii) attempt to copy, duplicate, reproduce, sell, trade, or resell our Resources; (iii) impersonate any person or entity, including anyone from Tripping Life Conscious, Inc., or misrepresent your affiliation with any other person or entity; (iv) insert your own or a third party's advertising, branding or other promotional content into any of the Website's content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (v) attempt to gain unauthorized access to other computer systems through the website; (vi) use “spiders,” “robots”, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website; (vii) use the website or the services made available on or through the website in any manner with the intent to interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (viii) attempt, or encourage or support anyone third party to attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website's services, or any content thereof, or make any unauthorized use thereof; (ix) use the website or the website's services or features in violation of our rights or any third party's intellectual property or other proprietary and/or legal rights; or (x) use the website or the website's services in violation of any applicable local, state, national or international law and/or regulation. 

You are solely responsible any consequences, losses, or damages, whether civil, criminal or otherwise that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you in violation of the User Agreement. 

OPEN COMMUNICATION TOOLS

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (the “Open Communication Tools”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.  With respect to your use of the Open Communication Tools you agree not to upload, post, transmit, distribute or otherwise publish through the website or any service or feature made available on or through the website, any materials that: (i) restrict or inhibit any other user from using and enjoying the website or the website's services or features; (ii) are fraudulent, unlawful, threatening, abusive, harassing, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) encourage conduct that would give rise to criminal liability, civil liability or otherwise violate any local, state, national or international law and/or regulation; (iv) offers to buy or sell any product or service; (v) violate, plagiarize or infringe the rights of third parties including, without limitation, intellectual property rights, contract rights, confidentiality rights, rights of privacy and/or publicity or any other proprietary right; (vi) contain a virus, spyware, or other harmful component; (vii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; and/or (viii) constitute or contain false or misleading indications of origin, endorsement or statements of fact related to us, the website or any third party.

SUBMITTED MATERIALS

Unless specifically requested, we do not solicit nor does wish to receive any confidential, secret or proprietary information or other material from you through our website whether by e-mail or other means of electronic communication or otherwise.  Any information, creative works, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us through the Open Communication Tools ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the website’s Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant to us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We will not be responsible for maintaining any Submitted Material that you provide to us, and you agree that we may delete or destroy any such Submitted Material at any time, in its own discretion.  The foregoing only applies to content posted via the Open Communication Tools and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

We do not assume any liability for any content posted by you or any other third party users of our website.  We reserve the right, but do not have the obligation, to monitor, review or fact check materials you post to the website.  We have the right, in our sole discretion, to remove any content you post that we believe fails to comply with this User Agreement, along with any content that we feel may be offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

We may also impose limits on certain features that restrict your access to part or all of the Open Communications Tools if we believe that you are in breach of the User Agreement, any applicable laws/regulations and/or for any other reason without notice or liability to you.  Further it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.

PRIVATE OR SENSITIVE INFORMATION

We strongly urge you not to post any personally identifiable contact information in any Submitted Materials that may be accessible to users of the website, including your home and/or business telephone number(s), email address(es) or the address of your residence or place of business.  Any posting of such personal information is done expressly at your own risk.  Furthermore it is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the website and elsewhere. Therefore it is important that you are careful and selective about the personal information that you disclose about yourself and others.  In particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments.

INDEMNIFICATION

You agree to indemnify and hold harmless Tripping Life Conscious, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, judgments, damages and costs, including reasonable attorneys' fees, resulting from: (i) your use of any parts of the website or the website’s services or features, including any information posted by you on the website; (ii) your use of any Submitted Materials and/or products or services offered by third parties through the website; (iii) any damage caused by you to any software or hardware to any third party as a result of your use of the website; (iv) your violation of any local, state, national and/or international law, including but not limited to, your violation of any third party’s intellectual property or proprietary rights; (v) your breach of the User Agreement; and/or (vi) any conduct and/or behavior that you may have engaged in while using the website that harmed and/or damaged, whether directly or indirectly, any third party regardless of whether your account was suspended or terminated as a result of such conduct and/or behavior.  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.

PRIVACY

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. 

INTELLECTUAL PROPERTY

The website and all of its content including, but not limited to, articles, text, photographs, images, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by us or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on our website is the exclusive property of Tripping Life Conscious, Inc. and protected by U.S. and international copyright laws.  All software used on our website is the property of Tripping Life Conscious, Inc. or commercial software suppliers and is protected by U.S. and international copyright laws

TRADEMARKS

The trademarks, logos, and service marks, including but not limited, Tripping Life Conscious, Inc. and breakeast-surf.com (collectively, the "Trademarks"), displayed on our website are the property of Tripping Life Conscious, Inc. with all rights reserved.  Any other trademarks appearing on our website that are not the property of Tripping Life Conscious, Inc. are the property of the respective third party owners.  Nothing contained on the website should be construed as granting by implication or otherwise any license or right to use any of the Trademarks displayed on the website or any trademarks owned by third parties without our express written permission or the third party that owns the trademark featured on the website. Your use of the Trademarks or trademarks of third parties displayed on the website, or any other content on the website, except as provided in this User Agreement, is strictly prohibited.

THIRD PARTY WEBSITES

You may be able to link from the Website to third party websites and third party websites may link to the Website ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by us.  Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such third party websites. The inclusion of any link to such sites on our website does not imply our endorsement, sponsorship, or recommendation of that third party website. We disclaim any liability for links: (i) from third party websites to the website; and (ii) to a third party website from the website.  We cannot guarantee the standards of any third party website to which links are provided on this Website nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party website are accurate, compliant with applicable local, state or federal laws, including intellectual property laws. Furthermore, we are not responsible for or any form of transmission received from any linked website.  Any reliance on the contents of a third party website and you assume all risks, responsibilities and consequences from any such reliance.

MOBILE SERVICES

Certain parts the website may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”).  In using Mobile Services, you agree that we may communicate with you regarding the website by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information from our Website.  By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services.

TERMINATION OF USE

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website 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 account and further use of the website and may be referred to appropriate law enforcement authorities if necessary. 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.

COPYRIGHT AGENT

We respect the intellectual property rights of others, and require that the people who use the website, or the services or features made available on or through the website, do the same.  If you believe that the copyrights in and to your work(s) have been infringed, please forward the following information to our Copyright Agent, Jason Latos, at the following email address: customerservice@breakeast-surf.com: (i) your address, telephone number and email address; (ii) a description of the copyright work(s) you claim has been infringed; (iii) a description of where the alleged infringing material(s) are located; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s); and (vi) a statement made by you, under penalty of perjury, that the above information in your note is accurate and that you are the copyright owner of the work(s) or are authorized to act on the copyright owner’s behalf.

Jason Latos has been designated as Copyright Agent pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c)(2)

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPPING LIFE CONSCIOUS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TRIPPING LIFE CONSCIOUS, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE.  ALL OF THE WEBSITE’S MATERIALS, CONTENT, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  TRIPPING LIFE CONSCIOUS, INC. DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIPPING LIFE CONSCIOUS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD PARTY SERVICES OFFERED THROUGH THE WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  TRIPPING LIFE CONSCIOUS, INC. DOES NOT WARRANT OR REPRESENT THAT THE THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE, TIMELY OR OTHERWISE. TRIPPING LIFE CONSCIOUS, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY: (I) THROUGH THE WEBSITE; (II) THROUGH ANY HYPERLINKED WEBSITE; OR (III) FEATURED IN A BANNER OR OTHER ADVERTISEMENT FORMAT.  TRIPPING LIFE CONSCIOUS, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION ON LIABILITY

IN NO EVENT SHALL TRIPPING LIFE CONSCIOUS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRIPPING LIFE CONSCIOUS, INC. SHALL NOT BE LIABLE TO YOU FOR SUBMITTED MATERIALS OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH SUBMTITED MATERIALS OR OTHERWISE AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

GOVERNING LAW

This website is controlled by Tripping Life Conscious, Inc. from our offices located in New York, New York.  It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, by accessing our website, you agree that the statutes and laws of the State of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. 

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

CONTACT INFORMATION

If you have any questions or comments about these our User Agreement as outlined above, you can contact us at: customerservice@breakeast-surf.com

Privacy Policy