Terms of Use

Please read these Terms of Use carefully. These Terms govern your access to and use of the BreakpointWP.com website and any related mobile versions (collectively, the “Site”), as well as the provision, sale, and delivery of services or products by Breakpoint WP and/or its affiliates or fulfillment providers (“Breakpoint,” “BP,” “we,” “us,” or “our”).

By accessing or using the Site, or by using any related tools, applications, or services provided by Breakpoint, you agree to be bound by these Terms of Use, along with any additional guidelines, restrictions, or rules posted in connection with specific sections or services of the Site. All such additional terms are incorporated by reference into these Terms.

If you access or use the Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to accept these Terms on its behalf and to bind that entity to these Terms.

If you do not agree to these Terms of Use, you must not access or use the Site.

Terms of Use

All offers, transactions, orders, agreements, services, and products made available through the Site are governed exclusively by these Terms of Use and any applicable Service Terms referenced herein.

Any terms and conditions proposed by a customer or third party, whether contained in purchase orders, correspondence, or otherwise, are expressly rejected and shall not apply, even if Breakpoint does not explicitly object to them.

3. Changes to the Site and Terms

Breakpoint reserves the right to modify, update, or replace these Terms of Use, as well as any part of the Site or its Content, at any time without prior notice. Your continued use of the Site following any changes constitutes acceptance of the updated Terms. You are responsible for reviewing these Terms each time you access the Site.

4. Electronic Communications

5. Additional Service Terms

Certain services offered by Breakpoint are subject to additional terms, including but not limited to:

Service Terms
Management Terms

Where applicable, those terms are incorporated into these Terms of Use by reference.

6. Permitted Site Use

You are granted a limited, non-exclusive, non-transferable license to access and use the Site and its Content solely for the purpose of evaluating, requesting, or purchasing services or products from Breakpoint (“Products”).

No other use is permitted. You may not download, copy, retain, publish, distribute, or otherwise use any portion of the Content except as expressly authorized in these Terms. Purchasing Products does not grant you any rights to use the Site Content beyond the finished Products as delivered by Breakpoint.

7. Prohibited Use

You agree to use the Site in compliance with all applicable laws and regulations. Without limitation, you agree not to use the Site or Content:

For any unlawful, defamatory, abusive, harassing, obscene, malicious, or otherwise objectionable purpose
To infringe upon the intellectual property, privacy, publicity, or other rights of any person or entity
To create or distribute pornographic or illegal materials
To misuse Content as a trademark or service mark

Breakpoint reserves the right, in its sole discretion, to refuse any content, decline any order, or terminate services or accounts for violations of these Terms or for any undesirable or unlawful activity. Breakpoint shall have no liability arising from such refusal or termination.

8. User-Provided Content & Responsibility

You are solely responsible for all content you upload, submit, or otherwise provide to Breakpoint. You represent and warrant that:

You own or have obtained all necessary rights and permissions for such content
The content does not infringe any third-party rights
The content does not violate any laws or regulations

You grant Breakpoint a non-exclusive, royalty-free right to copy, modify, distribute, use, create derivative works of, and otherwise process your content solely for the purpose of fulfilling your order and providing or marketing Breakpoint services.

9. Orders, Accounts & Security

By placing an order, you represent that you have full authority to do so and authorize Breakpoint to produce Products on your behalf.

You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account, whether authorized or not.

10. Delivery, Risk of Loss & Title

For printed Products, title and risk of loss pass to you upon delivery of the Products to the carrier.

For electronic Products, delivery is deemed complete when the Product is transmitted electronically or when notice of availability for download is provided.

11. Copyright & Intellectual Property

All Site Content – including text, graphics, images, designs, software, layouts, and tools (“Content”) -is owned by or licensed to Breakpoint and is protected by copyright and other intellectual property laws.

You may not copy, reproduce, distribute, publish, or exploit any Content except as expressly permitted by these Terms. All modifications to Content, whether made by you or Breakpoint, remain the property of Breakpoint or its licensors.

12. Indemnification

You agree to indemnify and hold harmless Breakpoint and its licensors, officers, directors, employees, and agents from all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your breach of these Terms of Use, or
Any content you provide that infringes third-party rights or violates applicable law

Breakpoint reserves the right to control the defense of any such claim.

13. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Breakpoint does not warrant that the Site will be uninterrupted, error-free, or secure, or that product descriptions or content are accurate or complete.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKPOINT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, PRODUCTS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Breakpoint does not warrant that the Site will be uninterrupted, error-free, or secure, or that product descriptions or content are accurate or complete.

15. Feedback

Any feedback, suggestions, or ideas you submit to Breakpoint are provided on a non-confidential basis and become the exclusive property of Breakpoint. You assign all rights, including intellectual property rights, to Breakpoint, and agree that Breakpoint may use such feedback without restriction or compensation.

16. Governing Law & Venue

These Terms are governed by the laws of the State of California and the United States of America, without regard to conflict-of-law principles.

Any legal action arising from or related to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Sacramento, California. You consent to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum.

Contact Info:

Breakpoint WP
1125 Los Robles Blvd. Ste. B
Sacramento, CA 95838
(530) 559-9432
info@breakpointwp.com