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Terms and Conditions of Use

BTRtoday provides this Internet site and related services subject to your compliance with the terms and conditions set forth below. Your continued use of this site evidences your agreement to them. Please read the following information carefully.

Address and Contact Information

BTRtoday.com is a Delaware Limited Liability Company.

Mailing Address:
BTRtoday.com
954 Lexington Avenue, Suite 199
New York, NY 10021

Fax: (212) 671-1341

Customer Support: info@BTRtoday.com

General Website Terms of Use

Welcome to our website.  By using this website you are agreeing to comply with and be bound by all of the following General Website terms and conditions of use, which together with our privacy policy govern BTRtoday’s relationship with you in relation to this website. The term ‘BTRtoday’ or ‘us’ or ‘we’ refers to the owner of the website and app whose registered office is located in New York, New York, U.S.A. The term ‘you’ refers to the user or viewer of our website or app.  The use of this website or app is subject to the following terms of use:

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. Your use of any information, content, music, or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.  (see also below Terms Regarding The Use of Our Xterme Endurance Workout Music)
  4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, music, article, blog posts, logos, images and graphics. Reproduction is prohibited other than with proper crediting of MotionTraxx.com as the source, and in accordance with our copyright notice, which forms part of these terms and conditions.
  5. You agree that BTRtoday, Xtrme Endurance, Party for Your Pavement, ‘DJ Meredith’ and other logos and trademarks found on this site are property of BTRtoday / BreakThru Products LLC and you are prohibited from using, replicating or duplicating such trademarks without our express written consent.
  6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  7. Unauthorized use of this website’s content, including but not limited to the music on this site, may give rise to a claim for damages and/or be a criminal offence.
  8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  9. You agree to hold BTRtoday and its stakeholder free from any loss or liability that may arise due to errors, omissions, maintenance or other malfunctions of our website.
  10. BTRtoday is not responsible for any 3rd party content that appears on our website or in our music.
  11. You agree to review our Privacy Policy and Copyright notice.
  12. You agree to be held responsible for any losses incurred by BTRtoday and BreakThru Products, LLC by breaching any of our Terms of Use.
  13. Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America

Terms Regarding the Use of Our Workout Music

Regardless how you access our music, from our website, smartphone app or otherwise, by using our music, for exercise or for any other purpose, you are agreeing to comply with and be bound by all of the following terms and conditions related to the use of our workout music.

  1. You agree to use BTRtoday safely and at your own risk.  You agree to consult with a physician and be cleared for physical activity.
  2. We make no guarantees or promises to the suitability or fitness of our music.
  3. You agree that BTRtoday is not professional medical, health or fitness advice, and is strictly for entertainment purposes.
  4. You acknowledge that physical exercise has inherent risk of injury or even death.  You agree to use appropriate caution when exercising with BTRtoday.
  5. You agree to hold BTRtoday, its employees, owners, affiliates, partners, clients, customers, advisors and BreakThru Products, LLC free from any liability for injuries or accidents that may occur while using our music. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
  6. BTRtoday is not responsible for sales of our music, software, or other content through other stores (e.g. iTunes).  You agree to contact such online vendors directly to resolve any technical, billing or other disputes with them directly.
  7. You agree to gain appropriate medical clearance, in writing, from a licensed doctor, that you are fit for rigorous exercise BEFORE using BTRtoday as part of your exercise routine.
  8. If you notice any signs or symptoms of health problems after exercising with Motion Traxx, or at any time while exercising, you agree to report these signs and symptoms to your doctor immediately.
  9. You agree that you are over the age of eighteen (18).

BTRtoday.com has made every effort to secure appropriate clearances for all proprietary intellectual properties used on this Site. If you believe any material on this Site is infringing, please contact BTRtoday.com immediately.

You may notify BTRtoday.com of alleged intellectual property rights infringement by contacting BTRtoday.com at:
Mailing Address:
BTRtoday.com
954 Lexington Avenue, Suite 199
New York, NY 10021
No Warranties

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), BreakThruRadio.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BreakThruRadio.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BTRTODAY.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), BreakThruRadio.com IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.

Although BTRtoday.com attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the site could include inaccuracies or errors, and that unauthorized additions, deletions and alternations could be made to the site by third parties. In the event that an inaccuracy arises, please inform BTRtoday.com so that it can be corrected.

Limitation of Liability

BTRtoday.com, its affiliates and sponsors, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the Site, Site-related services and/or content, or information contained within the Site. Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.

Posted Information and Internet Services Provided By BTRtoday.com

The information and opinions expressed on social media, bulletin boards, chat rooms, or other forums conducted on the site are not those of BTRtoday.com or its affiliated or related entities or content providers. BTRtoday.com merely provides the Internet Services by which third parties are able to post information to certain BTRtoday.com Site areas. While BreakThruRadio.com may remove any such content provided by third parties for any reason whatsoever, BTRtoday.com does not undertake to review or monitor such discussions content. BTRtoday.com makes no representations or warranties regarding that information or those opinions. Neither BTRtoday.com nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever, including (without limitation) persons who may use or rely on such data or materials, or to whom such data or materials may be furnished, for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of nay kind or character whatsoever based upon or resulting from any information or opinions provided at the site.

By providing any other information to BreakThruRadio.com (such as by posting to a bulletin board or social media), you grant to BTRtoday.com a non-exclusive, worldwide, royalty-free, perpetual license to any information (including but not limited to text, graphics, video, and sound), notes, message or billboard postings, ideas, suggestions, concepts or other material (all such content being referred to as “User Content”). You hereby grant to BTRtoday.com the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any material and other information (including ideas for new and improved products) all such User Content. When you submit material to the Site, you agree that BTRtoday.com has the right to publish or use the material for any type of use as outlined above, including promotional and advertising purposes.

BTRtoday.com is not responsible for any material posted on our forums, or elsewhere. You shall not submit or otherwise publish through such forums, or elsewhere, any content that: (a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; (b) infringes any intellectual property or other right of any entity or person, including (but not limited to) violating anyone’s copyrights or trademarks (by way of example, you shall not use the term “Nike Running Club” and understand and agree that “Nike Running Club” is a trademark of Nike Inc. If a third party notifies BTRtoday.com of your trademark violation, including, without limitation, the Nike trademark, BTRtoday.com shall be forced to remove said material from your site without notice to you); (c) violates any law; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or is a solicitation for goods or services. You agree to indemnify BTRtoday.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.

Limited Distribution and Territorial Considerations

Unless otherwise specified, all materials in the Site are presented solely for the purpose of entertainment and promoting programs, music and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by BTRtoday.com from its offices within the State of New York, U.S.A. BTRtoday.com makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of New York by BTRtoday.com.

Operation

BTRtoday.com reserves the right to withdraw, suspend or discontinue any functionality or features in the Site, including the cessation of all activities associated with the Site.

Privacy and Data Collection

By visiting the BTRtoday.com site, you expressly consent to the collection and use by BTRtoday.com of personally identifiable information, on an individual and an aggregate basis, as set forth in the Privacy and Data Collection Policy.

General Provisions

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely with such state. Any action you, any third party, or BTRtoday.com bring to enforce this agreement, or in connection with any matters related to this site, shall be brought only in either the state or Federal courts located in New York County, New York. You expressly consent to the jurisdiction of said courts.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters set forth herein, and shall not be modified except in writing, signed by BTRtoday.com.

BTRtoday.com reserves the right to change or update these terms and conditions of use at any time. Any changes or updates will be effective immediately upon posting to the site.

© 2015 BTRtoday.com All rights reserved.

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