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TERMS OF USE

 

Last Updated: March 31, 2024

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING, ACCESSING, OR USING ANY OF OUR PROGRAMS, PRODUCTS, AND SERVICES.

 

TERMS OF USE

By purchasing any of our Programs, Products, and Services (the “Materials”) from RARE SENSE LLC (the “Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Materials, and that forms a legal agreement between you and the Company, its affiliated subsidiaries, and related entities. The term “you” refers to any purchaser and/or user of any of our Materials.

 

By using any of our Materials, you are agreeing to the Terms of Use 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 these Terms of Use, please do not use our Materials.

 

CHANGES TO TERMS OF USE

We reserve the right to amend or update these Terms of Use at any time with or without notice to you, and may also add new features or functionality to, or change or remove existing features or functionality from, the Materials that will be subject to the Terms of Use. Any user who continues to use the Materials after any changes are made will be deemed to have agreed to those changes. By accepting these Terms of Use, you acknowledge that you have read them carefully.

 

ARBITRATION NOTICE

These Terms of Use require that disputes between you and the Company be resolved by binding, individual arbitration on an individual basis rather than jury trial and limit the remedies available to you in the event of a dispute. You understand that you waive your right to participate in a class action lawsuit or class-wide arbitration, that you are waiving certain other legal rights, and that you are voluntarily agreeing to do so.

 

USE AND CONSENT

By purchasing or using any of our Materials, you acknowledge and agree to abide by these Terms of Use, our Disclaimer, Terms and Conditions, Privacy Policy, and any and all other terms that may apply. Accessing, purchasing, viewing, or using our Materials constitutes the use of the product, program, or service.

 

All of our Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Materials by anyone under the age of eighteen (18) is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our Materials, you represent and warrant that you are at least eighteen (18) years old.

 

You are responsible for making all arrangements necessary for you to have access to our Materials and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and are at least eighteen (18) years old.

 

INTELLECTUAL PROPERTY RIGHTS

Our Materials are the property of the Company and/or our affiliates or licensors and are protected by United States patent and trademark laws, copyright laws, and other intellectual property laws. When you use our Materials, you are agreeing that you are clearly and expressly prohibited from copying, sharing, or otherwise using the Materials in whole or in part.

 

As a licensee of our Materials, 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 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.

 

By enrolling in, purchasing, or engaging our Materials, 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 through our products, programs or services, 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.

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

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

 

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Materials as set forth in these Terms of Use is considered theft and stealing and 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 our Materials are trademarks belonging to us. All trademarks reproduced on our 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.

 

For trademarks, taglines, and logos you are granted permission to use, the trademark symbol must always be included. 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.

 

WORK PRODUCT

We agree that you hold all intellectual property rights in any work products you produce as a result of participating in our Materials, including but not limited to copyright and trademark rights. We agree not to hold any claims regarding any work product derived from your participation in any of our Materials.

 

OUR LIMITED LICENSE TO YOU

Our Materials are protected by copyright, trademark, and other intellectual property laws, and the content in such is solely owned by or licensed to us unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, and graphics of our Materials or any other material or aspects of Materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

 

By purchasing, downloading, or accessing our Materials, you are granted a limited license and, as such, are considered a Licensee. As a Licensee, you are granted the expressed permission to download, print, and participate in any of our Materials for your personal use and are expressly prohibited from sharing the Materials with friends, family, colleagues, etc.

 

YOUR LICENSE TO US

By posting or submitting any material on or through our Materials, 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 website or 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 use 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.

 

COMPANY HYPERLINK

You may use a hyperlink to our website or content so long as the link does not state, imply, or otherwise suggest any sponsorship, endorsement, or ownership of our website or Materials and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. Furthermore, you may not frame or inline link our Materials without our written permission.

 

LINKS TO OTHER WEBSITES

From time to time, we may provide links to other websites maintained by third parties. These links are provided for your convenience, and the inclusion or suggestion to use these links does not imply our endorsement, sponsorship, or approval of that website by the Company. The Company does not endorse or sponsor nor are we responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our website or its Materials or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may include our Materials. We have no control over the contents or functionality of those websites, and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. Therefore, we do not guarantee the accuracy, completeness, or usefulness of any other website or its content. You are responsible for reviewing the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

MEDIA RELEASE

Participation in, viewing, and using our Materials, including any social media community, implies consent to view your photographs, audio recordings, video recordings, and images with others in the community. You acknowledge that these photographs, audio recordings, video recordings, and images may be used in connection with marketing materials, promotional efforts, or current or future Materials without compensation to you at any time, now or at any time in the future.

 

REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”) should be made BEFORE you wish to use it by emailing chris@raresense.com.

 

The email should clearly state the following:

  • Your intent to use our Content, in whole or in part, and the specific name of the Content you wish to use;

  • The specific manner in which you want to use the Content;

 

Should you be granted permission by the Company to use the requested Content, you agree to use the Content only in the manner in which the Company gives specific written permission.

 

If you use the Content in ways that are not specifically granted to you by the Company’s expressed written permission, you agree that the Company shall have all remedies available to us under the law as if you had copied, duplicated, and/or stolen such Content in direction violation of intellectual property and ownership rights as well as a direct violation of these Terms of Use.

 

CONFIDENTIAL INFORMATION

To use our Materials, 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, birthday, preferences, interest, assignments, or any other personally identifiable 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 of Use 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.

 

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 of Use and 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 in order 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 required by law to do so.

 

WHAT THE COMPANY DOES WITH CONFIDENTIAL INFORMATION

The Company requests and requires various personal data and/or Confidential Information through registration, purchase, use, and viewing of our Materials as well as directly requested information from our consumers.

 

The Company acknowledges that we may use such data and Confidential Information for the following:

  1. Internal billing and/or record keeping (such as tracking of income, users, followers, social media or otherwise, etc);

  2. To improve, promote, and/or customize our current and/or future Materials or special offers and promotions;

  3. Data for research purposes;

 

All data and Confidential Information are stored in a data management system that can only be accessed by the Company or its representatives, staff, affiliates, or those who would help manage such information by direction and control of the Company.

 

If, at any point, you wish not to receive any promotional materials associated with our Materials, you may email (chris@raresense.com) to unsubscribe and be removed from our email list.

 

VIEWING CONFIDENTIAL INFORMATION BY OTHERS

By agreeing to these Terms of Use, you understand and acknowledge that whenever you make your Confidential Information, data, or any such other information available for viewing by others, such Confidential Information, data, or any such other information may also be seen, heard, collected and used by others. Therefore, the Company does not assume responsibility for any unauthorized use by others that you voluntarily share online or in any other manner.

 

HOW WE USE COOKIES

The company uses “cookies” as the standard feature of major web browsers. The Company does not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our website other than cookies. Should you choose to disable cookies through your web browser settings, you may disable certain features in our Materials.

 

FACEBOOK GROUPS

Certain Materials offered by the Company come with a private Slack or Facebook group. These Terms apply to that group. Furthermore, you understand that Slack and Facebook are public platforms. Therefore, we cannot guarantee privacy for things you voluntarily share in the group, as other members will also see what is posted.

 

PRIVACY

Please review our full Privacy Policy to learn how we use and handle your information and your rights to such information.

 

PASSWORDS

To use certain Materials or certain features, you may be issued or asked to create a username and password of your choosing. You are responsible for maintaining the confidentiality of the username and password. You are responsible for all activities while using your username, password, or account and to protect your password from disclosure to others. The Company does not permit you to share your username and/or password, and we reserve the right to immediately terminate your access to the Materials, website, private forum, Facebook group, or any other related communications. The Company is not liable for any loss or damage arising from your failure to protect your password or account information. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify the Company immediately of any unauthorized use of your password or account or any other security breach and to ensure that you exit your account at the end of each session. Using our Materials, you agree to enter true and accurate information as part of the registration, purchase process, and otherwise. If you enter a false email address, we have the right to deactivate your account immediately. We will use our best efforts to keep your password(s) private. We will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact, or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

 

SECURITY

By applying for, enrolling in, purchasing, accessing, or using our Materials, the Company may request and collect personal data including but not limited to your name, email address, telephone number, billing information, address, credit card/debit card/bank account information, demographic information, preferences, interests or other personally identifying information (“Personal Data”). Providing such Personal Data grants us permission to use and store such Confidential Information in accordance with our Privacy Policy and Terms and Conditions.

 

The Company has security measures to prevent the loss, misuse, and alteration of any and all information obtained from you. However, the Company makes no assurances about our ability to prevent such loss or misuse to you or any third party arising from any such loss, misuse, or alternation. The Company will use our best efforts to keep your Personal Data safe, secure, and confidential. Due to the nature of the internet, the Company cannot completely ensure nor warrant the security of your Personal Data or any other data or information transmitted to us. Therefore, submitting Personal Data is done at your own risk.
 

ASSUMPTION OF RISK & DISCLAIMER

As a Licensee, you agree that using our Materials is 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 improvements or decline in physical and/or mental health, interpersonal relationships, or emotional well-being in any way related to the use of 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 Materials.

 

We take every precaution to protect our Materials. However, we cannot completely ensure or warrant their security. The Company makes no assurances about its ability to prevent any loss or damage to you or any other person, company, or entity arising from using our Materials, and you agree and acknowledge to assume the risk in using our Materials. You assume and accept the risk of not achieving any results (or less than desirable results) from participating in the Company’s Materials.

 

The Company expressly excludes any and all liability for direct, indirect, or consequential loss or damage incurred by you or others by using or in connection to our Materials to the fullest extent of the law, including but not limited to any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

 

You specifically acknowledge and agree that the Company is not liable for any defamatory, offensive, or illegal conduct of any other Materials participant or user, including you.

 

MEDICAL DISCLAIMER

The Company’s Materials are not, and in no way should, be perceived as or relied upon in any way as medical or mental health advice. The information contained in our Materials is not intended to be a substitute for professional medical advice, diagnosis, or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian, nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Materials or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider, or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your healthcare provider promptly. We are not providing healthcare, medical, or nutrition therapy services or attempting to diagnose, treat, prevent, or cure in any manner whatsoever any physical ailment or any mental or emotional issue, disease, or condition. We are not giving medical, psychological, or religious advice whatsoever.

 

LEGAL AND FINANCIAL DISCLAIMER

The Company’s Materials are not to be perceived or relied upon in any way as business, financial, or legal advice. The information provided through our Materials is not intended to be a substitute for professional advice that can be provided by your accountant, CPA, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your accountant, lawyer, or financial advisor for any and all questions and concerns regarding your income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Materials. You are solely responsible for your results.

 

EARNINGS DISCLAIMER

As a Licensee, you accept and understand that each individual receives results that differ from Licensee to Licensee and that the Company expressly disclaims all responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through any of our Materials. You agree that your results are strictly your own, and we are not liable or responsible in any way for your results. The Company does not make any representations as to physical, mental, emotional, spiritual, or other health benefits, future income, expenses, sales volume, potential profitability, or loss of any kind that may be derived as a result of your participation in any of our Materials. The Company does not make any guarantees in terms of particular results, positive, negative, financial, or otherwise, through the use of our Materials.

 

WARRANTIES DISCLAIMER

The Company makes no warranties as to our Materials. You expressly agree and acknowledge that our Materials are provided “as is” and without warranties of any kind expressed or implied. Pursuant to all applicable law, the Company disclaims all warranties, express or implied, to the fullest extent of the law, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Materials will be correct, uninterrupted, functional, appropriate, or error-free, that defects will be corrected, or that any part of the website, content, link, or otherwise will be free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of using our Materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

 

TECHNOLOGY DISCLAIMER

The Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, and error-free status of our Materials through methods like our website, Slack channels, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, 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 Materials. 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 Materials. 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 Materials be unavailable or 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 Materials.

 

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 Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or any other agreement with us.

 

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our 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 render our Materials in any way or location. We assume no responsibility if you use our Materials or any other information we provide or are affiliated with us.

 

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 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.

 

These Terms of Use require arbitration on an individual basis to resolve disputes rather than jury trials and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing, and/or using any of our Materials, you are waiving certain legal rights and voluntarily agreeing to do so.

 

YOUR CONDUCT

You agree that you will not use our Materials in any way that causes or is likely to cause the Materials or access to them to be interrupted, damaged, or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this website and its Materials and to us.

 

You must use the Materials for lawful purposes only.  You agree that you will not use our Materials in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;

  • To send, use, or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;

  • To send, negatively impact, or infect our Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings, or any spam, whether intended or not;

  • To cause annoyance, inconvenience, or needless anxiety;

  • To impersonate any third party or otherwise mislead as to the origin of your contributions;

  • To reproduce, duplicate, copy, or resell any part of our Materials in a way that does not comply with these Terms of Use.

 

COMMUNICATION GUIDELINES

If you have a question or concern about our Materials, you may email us at chris@raresense.com, and we will do our best to reply to your question or concern promptly.

 

PURCHASE AND ONLINE COMMERCE

By purchasing or accessing our Materials, you grant permission to the Company to automatically charge your credit, debit card, or PayPal account as a method for payment without any additional authorization, for which you shall receive an electronic receipt of such transaction.

 

All information obtained during your purchase or transaction for our Materials and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please review the privacy policy of our payment processor.

 

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Materials, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

 

You release us, our affiliates, our payment processing company, and merchants from any damages you incur and agree not to assert any claims against us or them arising from your purchase through or using our website or its Materials.

 

You agree only to purchase goods or services for yourself or another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

 

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

 

If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

If you make a purchase from one of our affiliates or any other individual or company through a link provided on or through our Materials (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence, or business dealings with any affiliate, individual, or company on or through our Materials and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort incurred as the result of such dealings with a Merchant.

 

PAYMENTS

You acknowledge and agree to pay the full cost of the Materials:

 

OFFER 1

In full, totaling $1700 or in two (2) installments to be paid in payments of $875 every six (6) months or twelve (12) monthly installments of $150.

 

If you cannot make the payments outlined in this Terms of Use, you agree to notify the Company to ensure payments are not missed promptly.

 

LATE PAYMENT AND CANCELLATION POLICY

If payment is not received by the due date, the Company shall grant a three-day (3) grace period to make the payment; otherwise, the program or service will not continue. We reserve the right to cease access immediately and permanently.

 

Should you fail to make a payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Materials at any time or for any reason whatsoever, you remain fully and wholly responsible for the full cost of the Materials and the Company shall retain all rights available to them under the law.

 

Should you wish not to continue any Materials, you remain fully and wholly responsible for the full cost of the product or program, and the Company shall retain all rights available to them under the law. Memberships (such as monthly/quarterly memberships) may be canceled by submitting a written cancellation to chris@raresense.com within seven (7) days prior to the next recurring payment (due date). No refunds shall be given for notices provided less than the seven-day (7) period.

 

REFUND POLICY

Your satisfaction with our Materials is important to us. Yet, we have a no refund policy because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Materials. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Materials, and no refunds will be provided to you at any time. By using and/or purchasing any of our Materials, you understand and agree that all sales are final and no refunds will be provided.

 

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 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, our 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 of Use 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 of Use shall be governed by the laws of the State of Montana, regardless of the conflict of laws principles thereof.

 

If you have any questions about any term of these Terms of Use, please contact us at chris@raresense.com.

 

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

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