These Terms of Use (“Terms”) describe the terms applicable to the continued use of Business Training Experts’ DVD training products, including any accompanying training materials, guides, or related resources (collectively, “BTE Content”).
The rights applicable to a particular DVD may also be governed by the license, agreement, order form, invoice, quote, purchase documentation, packaging, terms of use, or other licensing authorization in effect when the DVD was originally obtained.
All intellectual property rights in BTE Content are retained by Business Training Experts, Inc. (“BTE”).
BTE Content is protected under the Copyright Act of 1976, as amended, Title 17 of the United States Code, and other applicable international, federal, state, and local laws. All rights are reserved.
BTE Content is proprietary content licensed for limited use as strictly set forth in these Terms and the applicable licensing authorization issued or approved by BTE.
For purposes of these Terms:
“Licensee” means the organization or individual that originally licensed the applicable BTE Content from BTE or an authorized BTE distributor, or another party whose license has been expressly recognized in writing by BTE.
“User” means an individual employee, contractor, or authorized attendee of Licensee who views or otherwise uses BTE Content within the applicable licensed scope.
Licensee is responsible for ensuring that its Users comply with these Terms.
Possession Does Not Establish a License
Possession of a DVD, disc, package, printed material, digital file, converted file, or other item containing BTE Content does not, by itself, establish ownership of BTE Content or a current, valid, or transferable license to use it.
A person or organization that acquires BTE Content through resale, auction, liquidation, donation, transfer from a former employee or another organization, an online marketplace, or any other source not expressly authorized by BTE does not obtain a license merely by possessing the physical media or related materials.
The applicable license may be exercised only by the original Licensee or by a successor or other party expressly recognized in writing by BTE. BTE may require reasonable documentation establishing the existence and scope of the applicable license.
Prohibited Activities
The following activities are strictly prohibited and constitute a material violation of these Terms. Certain activities may also constitute copyright infringement or a violation of other applicable law:
- Uploading, inputting, transmitting, or otherwise providing BTE Content, in whole or in part, to any artificial intelligence (“AI”) tool, machine-learning model, automated content-generation system, or similar technology without BTE’s prior written permission.
- Using BTE Content to train, fine-tune, prompt, develop, test, evaluate, improve, or provide source or reference material to any AI system, machine-learning model, or similar technology.
- Using AI or any other technology to transcribe, translate, summarize, analyze, recreate, imitate, modify, adapt, or generate content from or based upon BTE Content, including scripts, courses, presentations, videos, audio recordings, synthetic presenters, avatars, assessments, exercises, guides, training materials, or derivative, competing, or substitute training content.
- Translating, adapting, abridging, summarizing, editing, altering, modifying, or creating derivative works from BTE Content, whether manually, through AI, or by any other means.
- Digitizing, ripping, encoding, converting, transferring, copying, or reproducing BTE Content in another file format, medium, storage device, system, or platform, including converting a DVD into a digital video, audio, or data file.
- Broadcasting, projecting, streaming, uploading, or retransmitting BTE Content through webinars, web conferencing, video conferencing, learning-management systems, video servers, internal networks, cloud systems, websites, social-media platforms, video-sharing platforms, or any other technology, except as expressly authorized in writing by BTE.
- Permitting access, distribution, or circulation of BTE Content to anyone other than Users authorized under the applicable license, through any method, medium, system, or platform.
- Recording, saving, copying, or duplicating BTE Content or making backup, archival, replacement, or convenience copies.
- Reverse engineering, decompiling, disassembling, extracting, examining, or otherwise attempting to access or reproduce the underlying files, source code, media, menus, programming, or other components of BTE Content.
- Using BTE Content or any substantial portion of it to develop, provide, market, license, sell, or distribute competing or substitute training materials or services.
- Renting, leasing, loaning, exchanging, reselling, sublicensing, assigning, transferring, or otherwise distributing BTE Content, whether or not for value.
- Removing, altering, covering, cropping, or obscuring any copyright notice, trademark, logo, watermark, attribution, proprietary notice, or other identifying information appearing in or on BTE Content.
License Grant
Subject to the applicable licensing authorization, Licensee may use the applicable BTE Content solely for lawful internal training purposes and only within the scope authorized by BTE.
BTE Content may be displayed only from the original DVD and through the type of playback equipment for which it was provided, unless BTE expressly authorizes another method of use in writing.
No right to copy, digitize, convert, upload, host, stream, transmit, modify, distribute, or create derivative works from BTE Content is included in the applicable license unless expressly authorized in writing by BTE.
Licensed Scope
Licensee may use BTE Content only within the limits stated in the applicable license, agreement, order form, invoice, quote, purchase documentation, packaging, email confirmation, distributor authorization, or other licensing authorization expressly issued or approved by BTE.
These limits may include, without limitation:
- The authorized Licensee
- The authorized location or locations
- The permitted number or category of Users or attendees
- The authorized departments, facilities, or business units
- The permitted method of presentation or playback
- The license period
- Any other restrictions or conditions identified by BTE
Use of BTE Content beyond the licensed scope is not permitted without BTE’s prior written consent.
The continued possession or functionality of a DVD does not expand the applicable licensed scope or create additional rights.
Ownership and Permitted Duplication
BTE does not transfer title to BTE Content. The provision or possession of a DVD, package, printed material, or other physical item does not constitute a sale or transfer of the intellectual property contained within it.
BTE retains all rights, title, and interest in and to BTE Content at all times, regardless of the form, format, media, location, device, or system in or on which the original or any unauthorized copy may exist.
Except for copying, printing, completing, or distributing guides and other materials where expressly permitted by BTE and within the applicable licensed scope, BTE Content may not be copied, edited, altered, translated, adapted, digitized, duplicated, broadcast, reproduced, stored, retransmitted, disseminated, rented, loaned, exchanged, sold, or otherwise transferred for any purpose whatsoever without BTE’s prior written consent.
No right, title, or interest in or to any BTE trademark, service mark, trade name, logo, design, course title, or other brand identifier is granted under these Terms.
Historical Licenses and Prior Terms
BTE’s DVD training products were licensed over many years under different agreements and licensing arrangements. The rights applicable to a particular DVD may therefore also be governed by the license, agreement, order form, invoice, purchase documentation, packaging, terms of use, or other authorization in effect when the DVD was originally obtained.
These Terms do not independently expand the rights originally granted to Licensee and are not intended to retroactively eliminate or modify any rights that cannot lawfully be changed without additional agreement or notice.
If Licensee entered into a separate written agreement with BTE governing the applicable BTE Content, that agreement shall control to the extent of a direct conflict with these Terms.
If there is uncertainty regarding the existence, validity, scope, transferability, or continued effect of a license, Licensee must contact BTE for clarification before further use of BTE Content.
Discontinued and Legacy Products
DVDs and related physical video products governed by these Terms are discontinued legacy products.
BTE does not warrant that BTE Content will operate with or be compatible with current or future computers, DVD players, displays, operating systems, software, networks, equipment, or technology.
Unless BTE expressly agrees otherwise in writing, BTE has no obligation to:
- Replace a damaged, lost, defective, or obsolete DVD
- Supply a replacement DVD, digital file, download, or online version
- Convert BTE Content into another format
- Provide technical support for discontinued products
- Update or revise BTE Content
- Provide access to a current or replacement version of a course
- Replace accompanying guides or materials
- Restore access to any discontinued website, portal, service, or resource
Possession or licensing of an older version of BTE Content does not entitle Licensee to any revised, updated, replacement, digital, online, or current version.
BTE Content reflects general leadership and workplace practices as of its creation date and may not reflect subsequent changes in law, regulation, technology, terminology, professional practice, or industry standards.
Term and Termination
The duration of Licensee’s right to use BTE Content is determined by the applicable licensing authorization.
BTE may terminate Licensee’s right to use BTE Content upon a material breach of these Terms or the applicable licensing authorization.
Upon expiration or termination of the applicable license, Licensee and its Users must immediately discontinue all use of BTE Content and, where applicable, return or destroy BTE Content as directed by BTE.
Licensee shall promptly notify BTE if it becomes aware of any unauthorized copying, recording, digitizing, conversion, disclosure, public posting, transfer, AI use, or distribution of BTE Content and shall reasonably cooperate with BTE in stopping and addressing the unauthorized use.
Breach
BTE may require the immediate cessation of use where BTE reasonably believes that BTE Content has been copied, digitized, publicly posted, unlawfully distributed, transferred to an unauthorized party, provided to an AI system, used beyond the licensed scope, or otherwise used in a manner that threatens BTE’s intellectual-property rights.
For other violations, BTE may provide notice and an opportunity to correct the violation when BTE determines that correction is appropriate.
Licensee shall not be entitled to a refund of any license fees due to termination resulting from Licensee’s breach.
BTE may seek any remedies available under these Terms and applicable law, including damages, injunctive relief, reasonable attorney fees, and costs.
WARRANTY DISCLAIMER
BTE CONTENT AND OTHER INFORMATION IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTE, ITS SUBJECT MATTER EXPERTS (“SMEs”), SUPPLIERS, AND AUTHORIZED DISTRIBUTORS DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
BTE, ITS SMEs, SUPPLIERS, AND AUTHORIZED DISTRIBUTORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING BTE CONTENT. BTE DOES NOT WARRANT THAT BTE CONTENT WILL OPERATE WITHOUT INTERRUPTION, ERROR, DAMAGE, DEGRADATION, OR TECHNICAL DIFFICULTY.
BTE Content is provided with the understanding that neither BTE nor its SMEs are providing or rendering professional advice or services of any kind, including legal, accounting, human-resources, employment-law, workplace-compliance, medical, psychological, or therapeutic advice or services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
BTE does not warrant or guarantee any specific business outcome, performance improvement, or behavioral result from use of BTE Content.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE BTE CONTENT AFTER TERMINATION.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTE, ITS SMEs, SUPPLIERS, AND AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO BTE CONTENT, THESE TERMS, OR LICENSEE’S USE OR INABILITY TO USE BTE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BTE, ITS SMEs, SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARISING OUT OF OR RELATING TO BTE CONTENT, THESE TERMS, OR LICENSEE’S USE OF BTE CONTENT SHALL NOT EXCEED THE LICENSE FEES PAID BY LICENSEE TO BTE FOR THE APPLICABLE BTE CONTENT.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE FORM OR THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
THESE LIMITATIONS DO NOT LIMIT LICENSEE’S LIABILITY FOR MISUSE OF BTE CONTENT, COPYRIGHT INFRINGEMENT, INDEMNIFICATION OBLIGATIONS, OR BREACH OF THESE TERMS.
NO CLAIM AGAINST BTE, ITS SMEs, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS ARISING OUT OF OR RELATING TO BTE CONTENT OR THESE TERMS MAY BE BROUGHT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION AROSE.
Indemnification
Licensee agrees to indemnify, defend, and hold harmless BTE, its officers, employees, SMEs, suppliers, and authorized distributors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney fees, arising out of or related to Licensee’s or its Users’ misuse of BTE Content or breach of these Terms.
User Responsibility
Licensee is responsible for authorizing its Users and ensuring that its Users comply with these Terms and the applicable licensing authorization.
Additional Terms
Some BTE Content may be subject to additional terms not stated here. Any software, printed materials, samples, replacement materials, or other items provided by BTE are licensed, not sold, and may be subject to additional terms.
No additional or revised terms shall retroactively alter rights that cannot lawfully be modified without further agreement or notice.
No Professional Reliance
BTE Content is provided as a general training resource. Licensee and its Users remain solely responsible for their workplace decisions, actions, and independent judgment.
BTE Content should not be relied upon as a substitute for independent judgment or for legal, human-resources, employment, safety, medical, psychological, or other professional advice specific to Licensee’s circumstances.
No Implied License
Nothing in these Terms shall be construed as granting any license or right in or to BTE Content, whether by implication, estoppel, or otherwise, other than the rights expressly granted in the applicable licensing authorization and these Terms.
Assignment
The applicable license is granted specifically to Licensee and is nontransferable.
Licensee may not assign, transfer, sublicense, or delegate the applicable license, these Terms, or any rights relating to BTE Content, in whole or in part, whether voluntarily, by operation of law, or otherwise, including in connection with a merger, acquisition, sale of assets, dissolution, bankruptcy, liquidation, reorganization, or change of control, without BTE’s prior written consent.
BTE may assign these Terms and its rights relating to BTE Content, in whole or in part, without Licensee’s consent, including in connection with a merger, acquisition, sale of assets, or change of control.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the provision shall be modified and interpreted to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. The remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms, together with the applicable historical licensing authorization and any separate written agreement entered into with BTE, constitute the terms governing Licensee’s continued use of the applicable BTE Content.
Where Licensee has entered into a separate written agreement with BTE governing BTE Content, that agreement shall control to the extent of a direct conflict with these Terms.
Nothing in this section is intended to retroactively replace, supersede, or modify a historical agreement to the extent that agreement cannot lawfully be changed without further agreement or notice.
Force Majeure
BTE shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, natural disaster, pandemic or epidemic, war, terrorism, civil unrest, labor disputes, cyberattack, internet or utility outages, governmental action, government-mandated shutdowns, or any other similar cause beyond its reasonable control.
Governing Law and Miscellaneous
These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding its conflict-of-law provisions and the United Nations Convention for the International Sale of Goods.
Any legal action arising out of or relating to these Terms shall be brought exclusively in the state courts located in Hennepin County, Minnesota, or the United States District Court for the District of Minnesota. Each party consents to the personal jurisdiction and venue of those courts.
The parties irrevocably waive any objection that such an action has been brought in an inconvenient forum.
Any waiver of strict enforcement of these Terms by BTE or an authorized distributor shall not waive BTE’s right to enforce these Terms in the future.
Licensee acknowledges that it has not relied on any oral representation of BTE, its employees, or an authorized distributor regarding the scope or transferability of the applicable license.
Changes to Terms
BTE may update these Terms from time to time by posting revised Terms on the applicable BTE website or Terms of Use page and updating the revision date.
Revised Terms shall apply prospectively beginning on the date they are posted or on a later effective date stated in the revised Terms.
Revised Terms do not independently expand the scope of a historical license or retroactively eliminate or modify rights that cannot lawfully be changed without additional agreement or notice.
Revised July 2026