Terms and Conditions

By using this site, you signify that you have read these Terms and Conditions of Use and that you assent to these terms and conditions of use. If you do not agree to follow each of the terms and conditions of use, do not use this site.

BTB reserves the right to update these terms and conditions at any time. Your continued use of the BTB website will mean that you accept those changes.

This site does not provide medical advice relative to fitness or sports training. The content of the BTB site including text, graphics, images, information obtained from licensors, and other material contained on the BTB site are for informational and educational purposes only. The site is not intended to be a substitute for professional medical advice, nutritional counseling or professional coaching or training. Always seek the advice of your physician, personal trainer or other qualified health care provider with any questions you may have regarding your specific medical condition or training parameters.

Use of Content

BTB authorizes you to view or download a single copy of the instructional DVD entitled “Jeremy Powers Cross Camp” (the “Product”) solely for your personal, noncommercial use. Any use of the Product must carry the copyright notice as follows: “©2012, Behind The Barriers, LLC. All Rights Reserved”.

The Product is protected by copyright under the United States and foreign laws. Title to the Product remains with BTB. Any use of the Product not expressly permitted by these terms and conditions is a breach of these terms of conditions and may violated copyright, trademark and other laws. The site, the Product and features are subject to change or terminate without notice in the editorial discretion of BTB. If you violate any of these terms and conditions, your permission to use the site automatically terminates.

This is being presented for your personal, non-commercial use. Subject to your payment of any applicable fees (including applicable taxes) to purchase the Product and your compliance with all other terms we specify for the Product or the site, BTB grants you a non-exclusive non-transferable, non-sublicensable, limited right and license to access the site, and to download the Product from the site onto your personal computer, for your personal, non-commercial, private use only. BTB reserves the right to refuse service, remove or edit content, or cancel orders in our sole discretion. As used herein, “Non-Commercial, Private Use” means a presentation of the Product for which no fee or consideration of any kind (other than that which you pay to us to view the Product) is charged or received, which takes place in your private residence or, if outside your private residence is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation and any presentation by a place of public accommodation or other commercial purpose (e.g. a cyclocross clinic), even if no fee is charged for viewing the Product.

No Reproduction of Materials

The material on the site is protected under state and federal copyright and trademark law. By accessing the material on the site, you do not obtain any ownership interest or rights to the material found on the website, nor are you permitted to create any derivative works of such material. All rights to the content of the site, or the content or material thereon, automatically terminates the permission or license granted by us hereunder. Copyright and trademark infringement are violations of federal and state law, and are subject to criminal and civil penalties.

Liability of BTB and its Licensors

The use of the BTB site and the Product is at your own risk.

When using the BTB site, information will be transmitted over a medium which is beyond the control and jurisdiction of BTB. Accordingly, BTB assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the BTB site.

The BTB site and the Product are provided on an “as is” basis. BTB and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. Specifically, BTB makes no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness or timeliness of the Product, text, graphics, links, or communications provided on or through the use of the site.
  2. The effectiveness of the Product in helping you to reach a personal goal.

In no event, shall BTB, its licensors or any third parties mentioned on the BTB site be liable for any damages (including without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Product, whether based on warranty, contract, tort or any other legal theory, and whether or not BTB is advised of the possibility of such damages. BTB is not liable for any personal injury, including death, caused by the use or misuse of the site, or Product. Any claims arising in connection with your use of the site and Product must be brought within one year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

No Unlawful or Prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferrable, revocable license to access and use the site strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to BTB that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

All content included as a part of the site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of BTB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. BTB content is not for resale. Your use of the site does not entitle you to make any unauthorized use of the Product or of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without express written permission of BTB. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BTB or our licensors except as expressly authorized by these terms and conditions.

General Restrictions

You may not transfer, copy or display the Product, except as permitted herein. In addition, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Product to any third party. You may not remove any proprietary notices or label on the Product. You may not attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management system used as part of the site use the site or Product for any commercial or illegal purpose.

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted BTB a royalty-free, perpetual, irrevocable, world-wide non-exclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form or format now known or hereafter developed.

BTB Electronic Communications

Visiting the site or sending emails to BTB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy any legal requirement that such communications be in writing.

BTB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the site only with permission of a parent or guardian.

In consideration of being allowed to use the site, you agree that the following actions shall constitute a material breach of these terms and conditions:

  1. Using the site for any purpose in violation of local, state, national or international law;
  2. Posting material that infringes upon the intellectual property rights of others or on the privacy and publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by BTB in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed;
  6. Posting change letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including e-mail addresses without their consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”; or
  12. Engaging in any other contact that restricts or inhibits any other person from using or enjoying the site, or which in the judgment of BTB, exposes BTB or any of its sponsors or guests to any liability or detriment of any type.

BTB reserves the right but is not obligated to do any or all of the following:

  1. Investigate the allegation that a communication does not conform to the terms of this Agreement;
  2. Remove communications which are abusive, illegal or disruptive and otherwise fail to conform with these terms and conditions;
  3. Terminating user’s access to any of the site entirely upon any breach of these Terms and Conditions;
  4. Monitor, edit or disclose any communication on the site;
  5. Edit or delete any communication posted on the site, regardless of whether or not such communication violates the standards.

BTB reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. BTB has no liability or responsibility to users of the BTB site or any person or entity for performance or nonperformance of the aforementioned activities.

Advertising and Links to Other Sites

BTB does not endorse the content of any third party web site. BTB is not responsible for the content of links, third-party sites, sites framed within the BTB site or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third party websites is at your own risk. BTB does not endorse any product advertised on the BTB site.

Indemnity

You agree to defend, indemnify and hold BTB, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.

General

BTB is based in Easthampton, Massachusetts in the United States of America. BTB makes no claims that the Site/Product is appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the BTB site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the terms and conditions for any reason whatsoever.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with BTB, or in any way relating to your use of the BTB site, resides in the Courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the Commonwealth of Massachusetts in connection with any dispute including any claim involving BTB or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not effect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement, Except as Expressly Provided in a Particular “Legal Notice” on the BTB Site. These Terms and Conditions constitute the entire agreement between you and BTB with respect to the use of the BTB site and Product. Your use of the BTB site is also subject to the BTB disclaimers and policies posted herewith.

Thank you for your cooperation. We hope you find the BTB site educational and informative. ©2012 Behind The Barriers, LLC. All Rights Reserved.

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