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TERMS AND CONDITIONS

 

Last Updated: March 31, 2024

 

PLEASE NOTE: THE UNAUTHORIZED USE OR COPYING OF THIS DOCUMENT IS IN DIRECT VIOLATION OF INTELLECTUAL PROPERTY LAWS AND IS STRICTLY PROHIBITED!

 

The website www.thischrisirwin.com (hereinafter the “Website”) and any content therein (defined below) is owned and operated by RARE SENSE LLC (hereinafter the “Company,” “we,” or “us”). Please read all Terms and Conditions before using our Website. By visiting and using this Website, you (hereinafter the “Visitor” or “you”) are consenting that you have read these Terms and Conditions and agree to be bound by them.

 

TERMS OF USE

By accessing this Website, you acknowledge that you are at least eighteen (18) years of age and have the required mental capacity to enter into and abide by the terms of these Terms and Conditions. We strictly prohibit anyone under eighteen (18) from using this Website.

 

By accessing this Website, you agree to the terms of these Terms and Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with the included terms, please cease visiting our Website and do not use our programs, products, and services.

 

These Terms and Conditions are subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby inform all Visitors that the burden is on the Visitor to check the Terms and Conditions for updates from time to time. By continuing to use this Website and the content we produce, you agree to be bound by the most updated version of these Terms and Conditions, whether or not you have read it.

 

Unless specifically stated herein, this site and materials offered are not associated, affiliated, endorsed, or sponsored by Facebook, Instagram, Pinterest, or any other website.

 

Should you purchase a program, product, or service from us, you acknowledge that you are over eighteen (18). We strictly prohibit the purchase of a program, product, or service by anyone under eighteen (18). Purchasing any program, product, or service is subject to the terms outlined in the Terms of Use associated with the specific program, product, or service purchase. These Terms of Use shall prevail in the event of a conflict or issue.

 

INTELLECTUAL PROPERTY RIGHTS

This Website is derived from, is the property of the Company and/or our affiliates or licensors, and is protected by United States patent and trademark laws, copyright laws, and other intellectual property laws. This Website contains original work created for the Company's sole use, is considered intellectual property, and is protected under federal intellectual property laws, which prevent unauthorized use of our materials. These materials may include but are not limited to, trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on this Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes all content on the Website, including blog posts, program names, and any other text, whether or not we authored. All proprietary information and content hereinafter identified as (the “Materials”).

 

As a Visitor of our Website, you understand and acknowledge that all Materials have been created, curated, and developed by the Company using significant time, effort, expenses, and investment and that, as such, all Materials are valuable and unique assets belonging to the Company and shall not be used in an improper or unauthorized manner. You will not use our Website Materials in a manner that constitutes an infringement of our rights or in a manner that we have not authorized through our prior written consent.

 

Your ability to view these Website Materials grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.

 

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website Materials as outlined in these Terms and Conditions is considered theft and stealing. We retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

 

Any trademarks, taglines, and logos displayed on Materials are trademarks belonging to us. All trademarks reproduced in this Website that are not the property of or licensed to us are acknowledged on the Website. Any use, including framing, meta tags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our express written consent or permission granted herein.

 

The trademark symbol must always be included for trademarks, taglines, and logos you are granted permission to use. Any marketing or promotional tools and/or Material titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

 

We reserve all rights not expressly granted in these terms or any express written license.

 

You may sometimes be offered free download, printable, audio, or visual Materials as a gift or opt-in offer in exchange for your name and email address. Should you choose to access this Material, you understand this is to be used for your personal, non-commercial use only and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the Material, you agree and understand that you will provide the Company credit, will not hold the Material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise) from our Materials.

 

OUR LIMITED LICENSE TO YOU

By visiting our Website, you specifically acknowledge and agree that you are expressly prohibited from the following:

 

  • You shall not engage in improper and/or unauthorized use of our Materials, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any Materials or any other information accessed or purchased on our Website, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

  • You shall not participate in the following:

    • Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Materials.

    • Using, posting, distributing, copying, stealing, or otherwise using any portion of our Website, including content or products, without express written permission provided by the Company. You understand that any such use may constitute infringement, which may give rise to a cause of action against you.

    • Representing yourself as the creator of our Materials, in whole or in part.

    • Sharing purchased Materials with others who have not purchased them.

    • Engaging in any activity using our Materials for your personal use, in a business/commercial use, or in any way that earns you money.

    • Using any portion of our Website, including all Materials, in any commercial manner such that you make, may make, or intend to make a profit from it.

  • You further acknowledge and understand that any such actions, including but not limited to those outlined above, will likely constitute infringement and/or theft of our work and a violation of these Terms and Conditions and United States federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.

    • Any requests for written permission to use any Materials posted on our Website shall be made before you wish to use any such Materials and may be made by emailing your written request to chris@raresense.com.

 

YOUR LICENSE TO US

By posting or submitting any material on or through our Website, such as comments, posts, photos, images, videos, or other contributions, you are representing that you are the owner of all such materials and you are at least eighteen (18) years old.

 

By submitting or posting any comments, photographs, images, videos, audio recordings, or any other submissions for use on or through our Website, you are granting to us, and anyone authorized by us, consent to make it part of our current or future Materials. This right includes granting us proprietary or intellectual property rights under any relevant jurisdiction without further permission from you or compensation by us to you. You may, however, ask us to delete this information at any time. The voluntary submission of such information grants to us, and anyone authorized by us, consent to identify you as the author of any such comments, photographs, posts, images, video or audio recordings by name, email address, avatar, or user/screen name.

 

You also grant to us and anyone authorized by us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings or any other submissions in whole or in part, in any manner or medium.

 

Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you decide to post content that constitutes cyberbullying, your comments will be removed immediately. We reserve our right to take action against you to the full extent of applicable laws.

 

You may use our Website for lawful purposes only, and you agree you will not post, comment, or otherwise transmit any content that infringes the rights of another. You also agree to hold us harmless should you do so. You agree and understand you are not to post any content that would constitute a criminal offense, use the Website or Materials for fraudulent or unlawful purposes, create civil liability, is repugnant, constitute a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether your content is objectionable and have the unilateral right to remove any content you post without explanation or ramifications. You also understand that we may be obligated to take further legal action based on the information you post and reserve our right to do so. Should a third party choose to take legal action against you due to something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

 

DISCLAIMER

This Website shall be used solely to provide educational information to all visitors. Any Materials contained on this Website or Materials you received due to agreeing to an opt-in to an email list, freebie, or otherwise are solely for educational and informational purposes only. The Company does not guarantee any specific results, changes, gains, outcomes, financial, legal, or medical, through the use of our Website or Materials. You acknowledge and agree that using our Website and Materials is voluntary.

 

You acknowledge and agree to visit our Website, use the information herein, and purchase products voluntarily. The Company is not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content on our Website. You agree to hold the Company harmless from any damages directly or indirectly resulting from your use of the Materials on our Website or distributed through email. You agree you will not make any claims against the Company herein.

 

You also understand and acknowledge that the Company does not represent a doctor, lawyer, therapist, psychic, accountant, nurse, counselor, or any other medical professional. Nothing contained on this Website or within any Material found herein is intended to replace a consultation with any such professional.

 

Our Website and the Materials produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our Materials, or anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your professionals or any similar professional who may address your situation and answer any questions regarding your particular business, including legal, business, medical, or financial questions.

 

TECHNOLOGY DISCLAIMER

The Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, error-free of our Website or any other Materials provided by us to you. Every effort has been made to present you with the most accurate, up-to-date information on our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors, and the Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.

 

The Company cannot guarantee access to our Website. You acknowledge that access might be suspected or restricted from time to time, including allowing for repairs, maintenance, or updates. Of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, the Company is not liable for damages or refunds, or for any other recourse, should our Website be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Website.

 

Should you choose to purchase a product, you understand your obligation to provide us with only authentic, accurate information, including your name, email address, and payment information. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

 

CONFIDENTIAL INFORMATION

To use our Website to gain access to our email list or blog, we may seek confidential information, or you may offer or provide a comment, photograph, image, video, audio recording, email address, phone number, street address, billing information, username and password, birthday, preferences, interest, assignments, or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant the Company permission to use and store such information. In turn, we will use our best efforts to maintain your Confidential Information in a safe, secure, and confidential manner in accordance with these Terms and Conditions and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please contact the Company as soon as possible so that we may correct any and all incorrect information. Please note you are responsible for keeping track of your username and password and understand that you bear the consequences should you choose to share this Confidential Information with anyone.

 

You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By providing us with this information, you agree and represent that any information provided through the Website or a third-party payment processor will be accurate, current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own.

 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:

  1. Pursuant to the terms in this Terms and Conditions, Terms of Use, Privacy Policy, and our Disclaimer;

  2. If we are required to do so by law;

  3. In the good-faith belief that such action is necessary to conform to the law;

  4. To comply with any legal process served on either us or our partners, sponsors, investors, or affiliates;

  5. To protect and defend our rights or property or those of our users or purchasers and/or;

  6. To act as immediately necessary to protect the personal safety of our users, purchasers, or the public.

 

We will not sell, distribute, or lease your Confidential Information to third parties unless we have your permission or are legally required to do so.

 

PURCHASES MADE THROUGH OUR WEBSITE

You agree and acknowledge that all purchases made through our website are voluntary and that you are to remain financially responsible for any and all purchases made by you or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available later confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

 

You agree and acknowledge that any information you provide us or our payment processor is true and accurate. Should your payment fail to process, we reserve the right to withhold the intended purchased product from you unless and until payment is rendered correctly.

 

LIMITATION OF LIABILITY

We will not be held responsible or liable for the information, products, or materials you request or receive through or on our Website and Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged in rendering our Website Materials in any way or any location. We assume no responsibility if you use our Website and Materials or any other information we provide or are affiliated with us.

 

By participating in using our Website and/or adding yourself to our email list, you do so voluntarily. You are solely and personally responsible for your actions, choices, and any results therein. Your use of this Website constitutes an agreement and acceptance that you will absolve the Company as well anyone acting as an agent, employee, personnel consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via Materials requested through email.

 

You understand and agree that the Company is not liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

 

The Company takes reasonable precautions and measures to keep all information private and confidential. We accept no responsibility for any third-party hacking or third-party ability to gain access to such Confidential Information held by us. You agree and understand that we shall not be held liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

 

Furthermore, the Company takes no responsibility or liability for the policies of third-party payment processing companies that are used to make payments through our Website. Please note that using the third-party payment processor or visiting our Website subjects you to the terms and conditions, privacy policies, and disclaimers of those companies, in addition to our own. We highly recommend that you read their policies and terms and conditions in addition to ours. Should you incur any damages from using a third-party payment processor, you agree not to file or assert any claims arising from purchasing a product or service.

 

You agree that visiting our Website and using our Materials are done at your own risk and acknowledge that these Materials are for informational and educational purposes only. You assume all risks. The Company makes no guarantees related to income, success, increased revenue, projected sales, improvements or decline in physical health, mental health, spirituality, interpersonal relationship, emotional well-being, or career in any way related to using these Materials. Our Materials merely provide education and tools to help you make your own decisions. You are solely responsible for your actions, decisions, and results based on using, misusing, or non-use of our Website and Materials.

 

You further acknowledge that the information provided on our Website is general only and is not suitable for all persons, businesses, locations, countries, or specific situations. By purchasing a product or service or visiting our Website, you acknowledge that doing so is voluntary.

 

You also acknowledge and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations concerning any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By using the Website, you agree and understand that the content and information found herein are to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for a particular purpose, accuracy, or otherwise.

 

INDEMNIFICATION

You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Website and Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party, and as a Visitor, you agree to release us of any and all claims arising therefrom. We are not liable to any party for any damages, whether direct, indirect, consequential, foreseeable, incidental, or otherwise, stemming or perceived to stem from the use of or reliance upon any information contained or found on our Website or from Materials purchased therefrom. You also understand and agree that we are not liable for any damages incurred due to your reliance on or use of information on our Website written by a third party, whether endorsed or not by us. You agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information on our Website.

 

The Company attempts to monitor any comments and posts made by all users and third parties to protect all our Visitors. Should you, as a Visitor on our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control, and you agree to release us of any and all claims arising from it.

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website or Materials or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

 

DISPUTE RESOLUTION

It is the intent of the Company that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Before seeking arbitration, you must email us at chris@raresense.com and include all of your reasons for dissatisfaction with our Materials. You understand and agree now that the only remedy that can be awarded through arbitration is a full refund of your payment to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the arbitrator's decision is final and binding and may be entered as a judgment into any court with the appropriate jurisdiction.

 

By visiting our Website and purchasing our Materials, you are agreeing to a modification of the statute of limitations so that any arbitration must begin within one (1) year of the date of your correspondence referenced above. Otherwise, you waive the right to seek dispute resolution by arbitration or take any other legal action.

 

You also agree that should arbitration take place, it will be held in Whitefish, Montana, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the arbitrator's decision.

 

In the event of a dispute between us, you agree not to engage in any conduct or communications, public or private, including on social media, designed to disparage us, the Company, or any of our Materials. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.

 

If any terms of these Terms and Conditions are construed as invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term, which shall be given full force and effect.

 

GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the State of Montana, regardless of the conflict of laws principles thereof.

 

TERMINATION

The Company has the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, no explanation is owed to you, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory.

 

Should you have any questions about any term of these Terms and Conditions, please contact us at chris@raresense.com.

 

Additionally, please review the terms of our Privacy Policy to see how your information is stored and shared.

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