You are entering a binding contract with BreakthroughBroker, the website BreakthroughBroker.com, and the real estate professionals who use it and their parents, subsidiaries and affiliates (the “Company,” “us,” “we” and “our”). By (1) using this website, BreakthroughBroker.com, 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 of Use. 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 of Use. 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.

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.

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 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 of Use. 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 affiliates 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.

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.

Deleting Your Personal Information: You can make a request to delete your Personal Information collected via the Web Properties by following the link “Delete my Personal Information.” We may take steps to verify your identity before evaluating your request to delete. By deleting your Personal Information, we may be unable to provide certain services to you.

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.

“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.

State-Specific Consumer Privacy Information: For additional information about your state-specific consumer privacy rights, to make a consumer privacy request, or to appeal a previous privacy request, please follow the link Privacy Request, or email Support@BreakthroughBroker.com, or call 1 (800) 682-4661. Certain state privacy laws require that we disclose the categories of third parties to which we may disclose the Personal Information and Browsing Information listed above. Those categories are:

• 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.

For California Residents: For additional information about your California privacy rights, please visit the “California Privacy link” link on our website or call 1 (800) 682-4661. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling Breakthrough Broker Privacy at 1 (800) 682-4661or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us.

For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email Support@BreakthroughBroker.com or call 1 (800) 682-4661.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

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: