Terms Of Service

Introduction

Welcome to www.marathontimebreakthrough.com. This website is owned and operated by Dave Bird Running. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This agreement is in effect as of Sep 13, 2014. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Health And Fitness Results Disclaimer

Dave Bird Running can not and does not make any guarantees about your ability to get results or maintain or improve your health and fitness through the ideas, information, tools, or strategies offered by marathontimebreakthrough.com. What we can guarantee is your satisfaction with our training. We give you a 30-day 100% satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality of our training, just ask for your money back. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future fitness and health improvements, and we do not offer any medical advice. Any results referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average results, exact results, or promises for actual or future performance. Use caution, complete a Physical Activity Readiness Questionnaire (PAR-Q) and always consult medically trained professionals if you have any concerns before embarking on any health and fitness campaign. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that:

  1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
  9. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
  10. Contains any type of unauthorized or unsolicited advertising
  11. Impersonates any person or entity, including any www.marathontimebreakthrough.com employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.marathontimebreakthrough.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our  privacy policy.
  2. You agree to indemnify and hold harmless www.marathontimebreakthrough.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety,  click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  1. The use of our Resources will meet your needs or requirements
  2. The use of our Resources will be uninterrupted, timely, secure or free from errors
  3. The information obtained by using our Resources will be accurate or reliable, and
  4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content
  2. No information or advice, whether expressed, implied, oral or written, obtained by you from www.marathontimebreakthrough.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.marathontimebreakthrough.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.marathontimebreakthrough.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.marathontimebreakthrough.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.marathontimebreakthrough.com.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

This website is controlled by www.marathontimebreakthrough.com from our offices located in Bristol, United Kingdom. It can be accessed by most countries around the world. As each country has laws that may differ from those of the UK, by accessing our website, you agree that the statutes and laws of the UK, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the UK, you hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

You have a 100% money back guarantee covering the price of the product only. 100% money back guarantee does not cover shipping and handling fee due to the fact that the customer made the decision to try product, therefore the customer accepts to pay the fee to ship the product. Customers must contact our support department for a RMA (Return Authorization Number). This number must be displayed on the outside of all return packages. Returned packages without RMA numbers will not be accepted. Once a return is received or valid refund request submitted, the refund process will take no more than 30 days. All refunds will be either returned to the original credit card or mailed in cheque form to the billing name and address. International orders that will be refunded back to the original credit card, and PayPal orders will be credited back to the PayPal account.

You have  30 Days  from the date of the original purchase to return the product to receive your refund. Any return received after the 30 day  time limit will not be processed.

All live events are non-refundable.

Monthly Subscriptions: You have  30 Days  from the date of the original purchase to request a refund for your monthly subscription. Any refund request after the 30 day  time limit will not be processed. You may cancel at any time after the initial 30 days has passed.

Monthly Subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel.

Yearly Subscriptions: For yearly subscription purchases, you have  30 Days  from the date of the original purchase to request a refund for your Marathon Time Breakthrough  yearly subscription. Any refund requests after 30 days will be prorated by the amount of time remaining under the original yearly subscription period. Example: If you purchase a yearly subscription in January of this year and you decide you want a refund 6 months from the purchase date, you’re prorated refund would be 50% of the purchase price.

Yearly Subscribers will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they wish to continue at the yearly price, the subscribers account will revert to the monthly price automatically.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

[email protected]

www.marathontimebreakthrough.com

37 Fairfield Place Bristol, BS3 1LH United Kingdom