Terms of Use

As of June 1, 2015

By accessing or using this website, mobile application or other IR BARN product or service (collectively the “Platform”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of IR BARN. IR BARN may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

Intellectual Property

All intellectual property on the Platform is owned by IR BARN or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names, such as the IR BARN name, are owned, registered and/or licensed by IR BARN. All content on the Platform, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content (“Content”) is a collective work under the United States and other copyright laws and is the proprietary property of IR BARN; All rights reserved.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to subscribe and participate in the Platform. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform without IR BARN’s prior written consent.  You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Subscriptions

All subscriptions placed through the Platform are subject to IR BARN’s acceptance. This means that IR BARN may refuse to accept or may cancel any subscription, whether or not the subscription has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for a subscription that is cancelled, IR BARN will issue you a refund for the pro-rated amount not used.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your IR BARN account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. IR BARN is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Eligibility and Registration

To become a subscriber of the IR BARN Platform, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform.

Links

The Platform may contain links to websites, applications or other products or services operated by other companies (“Third Party Platforms”). IR BARN does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. IR BARN is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The Platform contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using IR BARN’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless IR BARN, Four Hills Advisors LLC, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

Warranty Disclaimer

IR BARN is not responsible or liable for any Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, Content, and the materials and products on this Platform are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, IR BARN disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, and non-infringement. IR BARN cannot guarantee and does not promise any specific results from use of the Platform. IR BARN does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, IR BARN does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. IR BARN reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

IR BARN shall not be liable for any direct, special, incidental, indirect or consequential damages, including for any lost profits or lost data, that result from the use of, or the inability to use, this platform or the conduct of other platform users (whether online or offline). You assume total responsibility for your use of the platform. Your only remedy against IR BARN for use of the platform or any content is to stop using the platform. If IR BARN is found to be liable to you for any damage or loss which is in any way connected with your use of this platform or any content, IR BARN’’s liability shall not exceed the sum total of the monthly subscriptions fees paid to IR BARN.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous

You agree that this Platform shall be deemed a passive website solely based in Minneapolis, Minnesota, USA, which does not give rise to personal jurisdiction over IR BARN in jurisdictions other than Minnesota. You agree that this Platform, Terms of Use, Privacy Policy and any dispute between you and IR BARN shall be governed in all respects by Minnesota law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Platform shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Hennepin County, Minnesota. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the Platform (including but not limited to the purchase of IR BARN products) must be commenced within one (1) year after the claim or cause of action arises.

By using the Platform, you agree to receive certain electronic communications from IR BARN. You agree that any notice, agreement, disclosure or other communication that IR BARN sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. IR BARN’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use. IR BARN may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

Termination

IR BARN reserves the right in its sole discretion to terminate your account and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. IR BARN also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.