Terms of Use

BreakerOne9- The Convoy is a lifestyle and membership service for Truckers.

Please read these Terms of Service

Welcome to breakerone9.com!

These terms and conditions outline the rules and regulations for the use of BreakerOne9, LLC’s Website, located at https://www.breakerone9.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use breakerone9.com if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator and the Free Terms & Conditions Generator.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Cookies

We employ the use of cookies. By accessing breakerone9.com, you agreed to use cookies in agreement with the BreakerOne9, LLC’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, BreakerOne9, LLC and/or its licensors own the intellectual property rights for all material on breakerone9.com. All intellectual property rights are reserved. You may access this from breakerone9.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from breakerone9.com
  • Sell, rent or sub-license material from breakerone9.com
  • Reproduce, duplicate or copy material from breakerone9.com
  • Redistribute content from breakerone9.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. BreakerOne9, LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of BreakerOne9, LLC,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, BreakerOne9, LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

BreakerOne9, LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant BreakerOne9, LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of BreakerOne9, LLC; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to BreakerOne9, LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of BreakerOne9, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

BreakerOne9 Waiver & Release Form

WAIVER & RELEASE FORM

BreakerOne9 provides helpful tips & content for its members on a regular basis. Content includes courses such as fitness & health classes. This form is intended to address all content provided on the site to its members, or anyone who would access. Because physical exercise can be strenuous and subject to risk of serious injury, we urge you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these programs, tips and advice you assume all risks of injury, illness, or death. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge the trainer, instructor, content creator from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the trainer, instructor, content creator for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By participating & reading this release, you acknowledge that you understand its content and that this release cannot be modified orally.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Acceptance of Terms

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you to the extent permitted by applicable law.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

International Use

We control and operate the Site and the Services from the United States. We make no representation that materials on the Site or made available through the Services are appropriate or available for use outside the United States. If you choose to access this Site or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. Currently, we do not ship outside of the United States.

Registration for an Account

To enjoy ALL the benefits of the membership, you must register for an account. To register for an account, simply fill out your profile, use your valid email address and create a password to register your profile. You have the option to make one-time purchases on our shop at members only prices or to sign up for one or more subscriptions through the Site, and if you elect to sign up for a Subscription, we will charge your credit card on a recurring basis per the subscription plan you signed up for. We offer different types of Subscriptions; descriptions and specific terms for each type are available on our Plans page. All information that you provide to register with BreakerOne9 is subject to BreakeOne9’s Privacy Policy. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You can delete your Account by email teamconvoy@breakerone9.com

Content

  1. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
  2. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You may delete or remove your User Content, through a request made to one of our employees or agents. When your User Content is deleted, it will be removed from the Services. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time.
  3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in or relating to any Content accessed through the Services.

Rules of Conduct

See Community Rules & Guidelines Page

Third Party Services

The Services may permit you to link to and otherwise interact with other websites, services or resources on the Internet, and other websites, services or resources may contain links to and interact with the Services. When you access third party resources, you do so at your own risk.

Payments and Billing

  1. Purchases and Paid Subscriptions. Note that any payment terms presented to you in the process of you placing an order through the Site or by signing up for a Subscription are deemed part of this Agreement.
  2. Billing. We use a third-party payment processor to bill you for your orders made through the Site and, if you are a subscriber, the charges for any shipments we send you in connection with your Subscription. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to place an order through the Site or by signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your order and/or for any shipments we send you in connection with your Subscription in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. You may change your Payment Method at anytime through your Account. We reserve the right to correct any errors or mistakes made the Payment Processor even if it has already requested or received payment from you. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed by you to BREAKERONE9 upon demand. Stated prices do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. We reserve the right to charge shipping and handling fees, as determined by BreakerOne9 in its sole discretion, to cover the cost of processing, handling and shipping orders, and which may include amounts incurred for customs, transport and duties as applicable. Any shipping and handling charges will be added to your order and will appear as a separate charge on your receipt/order confirmation.
  3. Recurring Billing for Subscription. If you sign up for a Subscription you will be charged for the plan you have chosen, unless you cancel your subscription. BY CHOOSING TO SIGN UP FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED PRIOR TO CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO THE CANCELLATION DATE. Each month, you will be charged when the Subscription was purchased.
  4. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO YOUR ACCOUNT SETTINGS. IF YOU ARE A SUBSCRIBER AND FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS AND UNTIL YOUR SUBSCRIPTION TERMINATES, PROVIDED THAT YOU WILL NOT BE CHARGED FOR ANY MONTH THAT YOU HAVE OPTED OUT IN ACCORDANCE WITH THESE TERMS OF SERVICE.
  5. Change in Charges. BreakerOne9 reserves the right to change the Charges for our Subscriptions at any time, with at least thirty (30) days advance notice to you.
  6. Auto-Renewal for Subscription. If you sign up for a monthly Subscription, your Subscription will automatically renew each month for successive one month terms, until you cancel your Subscription.
  7. Cancellation of Subscription. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY PROVIDING NOTICE TO BREAKERONE9 BY EMAILING US AT CONTACTUSSUPPORT@BREAKERONE9.COM OR CALLING US AT 740.200.0861, STATING YOUR NAME, EMAIL ADDRESS AFFILIATED WITH THE ACCOUNT AND THAT YOU ARE CANCELING YOUR SUBSCRIPTION. If you cancel your Subscription, the cancellation will be effective upon your receipt of confirmation from BreakerOne9 of the cancellation, and BreakerOne9 will not automatically renew your Subscription thereafter.
  8. Reaffirmation of Authorization. If you are a subscriber, your non-cancellation of your Subscription reaffirms that we are authorized to charge your Payment Method for the applicable Charge each month

Shipping, Returns and Exchanges

Please see our shipping & returns policy here.

Termination of Membership

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If we terminate your Subscription, we will not charge you for that Subscription after the termination date, except for any shipments already in progress. Any fees paid hereunder are non-refundable, except for Products returned in accordance with our Shipping & Returns Policy.

Contact

You may contact us at the following address: 72 Arrowhead South Rd, Portsmouth, Ohio 45662.

Effective Date of Terms of Service: March 25, 2020.