BY ACCESSING THIS WEB SITE AND PURCHASING SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THIS WEB SITE AND DO NOT PURCHASE SOFTWARE.

1. GRANT OF LICENSE. Groundbreak is a sublicensor of Products to you (the "Customer"). Groundbreak.com grants the customer a non-transferable, non-exclusive license to use the software contained on this web site (the "Products"), solely for internal use by your business or for your own personal use. The Customer may run multiple copies (up to five) of the software on websites that they own, but not on customers, clients, members, hosting clients, or any other third party website. The Customer may modify the script for their own personal use, but all copyright headers must remain intact. The Customer may not copy, translate, port, modify or make derivative works of the Products for sale or distribution. The Customer may not rent, disclose, publish, sell, assign, lease, sublicense, market, or use the Products in any manner not expressly authorized by this Agreement. The Customer shall not use the Products as an ASP (Application Service Provider) to run multiple copies for other third parties or for any other use involving the processing of data for other persons or entities. The Customer does not receive any, and Groundbreak.com retains all, ownership rights of the Products. The Products are copyrighted and may not be copied, even if modified or merged with other Products. The Customer shall not alter or remove any copyright notice or proprietary legends contained in the Products. The Customer agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

2. ACCEPTABLE USE. The Customer is required to use the Products as intended in the Product descriptions and installation instructions available on the Groundbreak.com website. The Customer may modify the Products to add enhanced features and to change the "look and feel" of the software to match the Customer's website. A Customer's purchased Product is transferrable to another individual, company, or third party only if Groundbreak.com is notified and approves of the transfer. In all cases all copyrights and headers must remain intact. The Customer will not use the Products in any malicious manner, including: spamming, false advertising, fraud, and any other "intent to harm" any website, company, or persons.

3. REFUNDS AND CANCELLATIONS. Groundbreak.com offers a 100% money back guarantee during the first 30 days of membership if the Products are found to be incompatible with the Customer's website and can not be installed or does not perform in the manner described by our website. After 30 days, 50% of the purchase price will be refunded. Because of the intangible nature of digital products (such as software) and the fact that they can not be "returned", the Customer is fully responsible for deciding whether or not the Products are suitable for them BEFORE the purchase is made and "not being satisfied" with the product is not a valid reason for a refund. In all cases whether or not a refund will be given and whether or not the Products are compatible with the Customer's computer systems will be decided by Groundbreak.com. Groundbreak.com Products are distributed through password protected membership areas and Groundbreak.com reserves the right to cancel/delete a Customer's membership at any time due to violations of the terms of this agreement. Cancellations due to violations of the terms of this agreement will be non-refundable. In all cases of refunds and cancellations the Product must be deleted from the Customer's web servers, personal computers, and all forms of digital storage. Illegal distribution (software piracy) of the Products will result in a non-refunded cancellation of Customer's account and legal action may be persued.

4. DISCLAIMER OF WARRANTY AND LIABILITY. The Products are provided to you on an "as is" and "with all faults" basis. The Customer assumes the entire risk of loss in using the Products. The Products are complex and modifications to the software during the installation process or changes in web server configurations may prevent the software from functioning properly. In no event shall Groundbreak.com be liable to you or any third party for any damages, claims or losses incurred (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages resulting from lost data or inability to use data) irrespective of whether Groundbreak.com has been informed of, knew of, or should have known of the likelihood of such damages. In no event shall Groundbreak.com's liability to you or any third party exceed the initial cost of the software purchased.