Rarebird Investor Network™
Terms and Conditions
The “Owners” refers to the owners of Rarebird, Rarebird Investor Network™, and the Ableton Group, Inc., its employees and affiliates.
“Terms” refers to these Terms and Conditions including those definitions in this section.
“Person” includes an individual, sole proprietorship, or entity the person is authorized to represent.
“You” or “your” refers to the person who is agreeing to the Terms.
“Member” refers to the person who has been approved for membership by the Owners and has paid their Dues.
“Affiliate Vendors refers to those providers that Rarebird Investor Network™ invites to speak or present at Rarebird Investor Network™ events.
“Contents” refers to any information, mode of expression, or other materials and services provided by the Rarebird Investor Network™. This includes, but is not limited to, handouts, presentations, or advisory opinions.
2. MEMBERSHIP LEVELS & FEES
The Rarebird Investor Network™ is a networking and educational club dedicated to providing excellent real estate investment education and facilitating connections between Members and one or more Affiliate Members.
Full participation in Rarebird Investor Network™ events is contingent upon full payment of your membership dues (the “Dues”). As a Member, you agree to pay the Dues as set forth below:
Annually: $250 per year
From time to time the Rarebird Investor Network™ may facilitate additional programming that is not included in the Dues (e.g. Property Bus Tours & Seminars). The Rarebird Investor Network™ will notify members of the additional costs prior to these events.
The Owners reserve the right to increase the Dues or institute new charges upon reasonable notice. Dues are collected upon acceptance into the Rarebird Investor Network™.
The Owners reserve the right to terminate a Member from the Rarebird Investor Network™ at any time, for any reason. In the event of termination, Owners will refund a Member’s annually paid dues on a prorated basis. For Members who choose to pay dues monthly, no refund will be issued.
3. LIMITED LICENSE & PROPRIETARY RIGHTS
Any and all intellectual property rights (“Intellectual Property”) associated with the Rarebird Investor Network™ and the Content are the sole property of Rarebird Investor Network™. U.S. and international copyright laws protect all such Intellectual Property and the Content. Except as otherwise expressly authorized by these Terms and Conditions, you may not reproduce, modify, loan, sell, or distribute the Intellectual Property and/or the Content in any way without the Owners’ or the appropriate third party’s prior written permission. Except as expressly provided herein, the Owners do not grant to you any express or implied rights to the Intellectual Property or the related content.
The Owners grant you a limited, personal, nontransferable, revocable license to the Intellectual Property and the Contents for personal, noncommercial use only. Any other copying, distribution, storing or transmission of any kind or use of the Intellectual Property and the Contents for any commercial purpose or public display is strictly prohibited without the Owners’ express prior written permission. This limited License shall automatically terminate if you violate any of these Terms and Conditions and may be terminated by the Owners at any time.
4. CONTENT DISCLAIMER & DISCLAIMER OF LIABILITIES
The Content, as well as any content of Affiliate Vendors, is provided “as is.” The Owners and Rarebird Investor Network™ make no warranties, express or implied, and hereby disclaim and negate all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
The Members are a collaborative group who share and discuss real estate development ideas. The Owners hope that this collaborative program provides you with an outlet to discuss your interests. However, the Owners do not warrant or make any representations concerning the accuracy, likely results, or reliability of the Content. The opinions, ideas and discussions from these collaborations are not the opinions of the Owners.
The Rarebird Investor Network™ may invite Affiliate Vendors to present or participate in Rarebird Investor Network events. The opinions, ideas and discussions of Affiliate Vendors are not the opinions of the Owners and Rarebird Investor Network™ shall not be responsible for its Content.
You agree that the Owners will not be liable to your or to any third party for any harms, injuries, or claims for direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other losses, even if we have been advised of the possibility of such damages and regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability or otherwise, resulting from the use or inability to use the Content.
5. NO PERSONAL ADVICE
From time to time, we may provide you with advisory opinions. These opinions are strictly those of the Rarebird Investor Network™ staff. These opinions may not consider all of your specific, individual circumstances. Accordingly, these opinions are not intended to provide personal investment, financial, tax, or legal advice to you. You should consult your own professional investment, financial, tax, or legal advisors before pursuing any developmental projects.
You agree to indemnify, protect, and fully compensate Rarebird Investor Network™, its owners and Members from any and all third party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of or access to the Intellectual Property and/or the Content, your violation of this Agreement, or your infringement of any intellectual property or other right of any other person or entity.
7. CONDUCT AND VIOLATION OF LAW
By accepting these Terms, you agree to comply with all applicable laws and regulations, including but not limited to the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges. You are solely responsible for compliance with laws, regulations and policies, and the Owners will not be liable for any such violation.
Rarebird Investor Network™ may, at its sole discretion, operate an online message board (“Website”) for the benefit of its Members. By using the message board, you agree to the following:
Unauthorized use. You agree not to use the Website for any illegal purpose, including, without limitation, transmitting any information that is unlawful, libelous, harassing, abusive, threatening, obscene, or invasive of another’s privacy, or that violates the rights of others. You further agree that any information posted through your account will not contain advertising, promotional materials or other forms of solicitation, or any files that knowingly contain viruses, corrupted files or any other contaminating or destructive features that may damages someone’s computer (i.e. “Trojan Horses”).
Intellectual Property: You acknowledge and agree that the Owners own and retain all rights to the Website and its content, including without limitation, all images, text, software, photos, sound recordings, graphics, and videos. You agree that upon posting information on the Website, you grant the Owners, and their successors and assigns a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights or other intellectual property rights, if any, in such material to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, in whole or part, without any duty of notification to you.
You may access and use the Website only for your own personal and internal business purposes and not to make any unauthorized commercial use of the Website or any information contained therein. You may not copy any of the material on the Website, upload, post, publish, transmit, or distribute it in any way, or create other works based on it, without the Owners’ consent. You may, however, make copies incidental to, and in the ordinary course of, your personal or internal business use of the Website, provide you do not remove or alter any copyright, trademark, or other notices or disclaimers.
9. CHOICE OF LAW & VENUE
This Agreement will be governed by the laws of the State of Oregon and applicable federal law, without reference to the conflicts of law principles of the State of Oregon. For purposes of any action or proceeding arising out of this Agreement, you hereby consent and submit to the personal jurisdiction of all federal and state courts serving Washington County, Oregon, and agree not to raise any objections based on lack of personal jurisdiction of such courts, improper venue in such courts, or inconvenience of the forum.
10. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between you and us regarding your participation in the Rarebird Investor Network™ and supersedes all prior agreements. You acknowledge and agree that no practice or course of dealings between you and Rarebird Investor Network™ and/or the Owners, nor any oral representations by any of our representative, which are different than the terms of this Agreement shall constitute a modification or amendment of this Agreement. In the event that any provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be reformed or interpreted so as to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.