Terms of Service
These Terms of Service govern your use of the website of Breakaway Systems LLC dba Soft Swirl (“Breakaway” or “we” or “us) located at www.softswirlicecream.com and any related services provided by Breakaway (the “Website”).
When you use our Website, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further accessing our Website or using any other services provided by Breakaway.
We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you via the email address you provided when you submitted your information on the Website. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 5/20/2024.
Limitations of Use
By using our Website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on our Website; remove any copyright or other proprietary notations or any materials and software contained on our Website; knowingly or negligently use our Website or any of its associated services in a way that abuses or disrupts our Website; use our Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; use our Website or its associated services in violation of any applicable laws or regulations; use our Website to send unauthorized advertising or spam; harvest, collect, or gather user data without the user’s consent; or use our Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in our products and services and on our Website are owned by or licensed to Breakaway.
Liability
The materials on our Website are provided on an 'as is' basis. To the extent permitted by law, Breakaway makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Breakaway or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our Website, or any other services provided by Breakaway, even if Breakaway or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our Website are not comprehensive and are for general information purposes only. To the extent permitted by law, Breakaway does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on our Website, or otherwise relating to such materials or on any resources linked to our Website.
Links
Breakaway has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link on the Website does not imply endorsement, approval, or control by Breakaway. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our Website and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.