These Terms of Use (“Terms”) govern your access to and use of our websites, web services, mobile applications, and any other products or services (collectively, the “Site”) owned and operated by Baer Mountain Financial Services (“BMFS”, “our”, “us”, or “we”).

Your Acceptance of These Terms of Use

These Terms apply to all users of the Site. By accessing or using the Site, you agree to comply with and be bound by these Terms, our Privacy Policy, and any supplemental terms referenced or linked to herein. If you do not agree, you may not access or use the Site.

Our Privacy Policy

Before using the Site, please click here to review our Privacy Policy. All personal information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, the Privacy Policy controls.

Who Should Use The Site

The Site and the information contained therein is intended for a United States audience ages 18 and up. Although we may make products and services that are suitable for children under 18, BMFS does not knowingly market to or target children under 18 through the Site. Anyone under 18 using the Site should do so with the supervision of a parent or guardian. If you suspect that your child under the age of 13 has provided personal information to us through the Site, please contact us immediately at admin@baermountainfs.com.

Ownership of the Site and its Content

The Site, including all its content (“Content”), is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of BMFS or BMFS’ affiliates and partners and are protected pursuant to applicable copyright and trademark laws.

The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission, which may be withheld in our sole discretion.

Permission is hereby granted only to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site, but only on a temporary basis and for your personal, educational, and noncommercial use, provided that (i) you do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Site and Content not expressly granted are hereby reserved by BMFS.

Trademarks

The BMFS names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of BMFS and/or its affiliates (the “BMFS Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the BMFS Marks in any manner without our prior written permission, which may be withheld in our sole discretion. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within the Site without the prior written permission of such owners. The use or misuse of the BMFS Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your Feedback

The feedback you provide to us through or about the Site or any of our other products and services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.

Your Obligations

In consideration of your use of the Site, you agree that to the extent you provide personal information to BMFS, it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image that you are authorized to use for your profile picture, if any. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities, or the unauthorized use of images owned by others is prohibited.

To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether by you or by anyone else using your username and password and whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization.

You agree to use the Site in accordance with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, any interference with the availability of or access to the Site, or any unauthorized scraping of the Content on the Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your use of or access to the Site.

Calculators, Analysis Tools, and Advice

The calculators, spreadsheets, and analysis tools found on the Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice. BMFS recommends that you (a) seek the advice of professional advisors, including financial advisors, before making any type of financial decision, and (b) independently verify any calculation or output obtained from a Tool. Your use of Tools and Content found on the Site is at your own risk. The results from Tools and Content presented may not reflect the actual return of your own investments. BMFS is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided by these Tools. Furthermore, BMFS is not responsible for any human or mechanical errors or omissions.

Additionally, BMFS may offer opportunities to receive coaching or information directly or indirectly from BMFS’ personnel or independent contractors (“Coaching”). The Coaching is informational in nature. BMFS is not engaged in the provision of legal, tax, medical, mental health, or any other advice. BMFS does not make, and hereby disclaims, any representations and warranties regarding the content of the Coaching, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.  You use the advice and information provided in the Coaching at your own risk. BMFS hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Coaching, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Coaching, regardless of the cause. BMFS IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE COACHING.

Preferred Providers

BMFS may from time to time recommend certain vendors and service providers (“Preferred Providers”). BMFS does not make, and hereby disclaims, any representations and warranties regarding the products or services of the Preferred Providers. Your engagement of a Preferred Provider is solely between you and that Preferred Provider and is governed by the terms of the agreement between you and them. BMFS IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR USE OF A PREFERRED PROVIDER.

Links to Third-Party Websites

The Site may (a) provide links to other websites operated by third parties or (b) allow you to interact with third party businesses, including Preferred Providers. BMFS is not responsible for the availability of those websites and does not endorse any third-party business except as expressly stated on the Site, and with respect to any businesses endorsed on the Site, BMFS expressly disclaims all responsibility and liability for any services, products, content, advertising, services, products, or other materials on or available from such third parties. BMFS IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

BMFS has financial relationships with some of the companies, products, and services mentioned on the Site and may be compensated if users choose to follow the links pointing to those companies, products, or services.

Fees and Payments

BMFS users can elect to upgrade their services to levels that require additional payment, where users are charged subscription fees for the use of certain services. BMFS reserves the right to change the fees at any time, upon notice to you. By registering for a paid account level, or other subscription service, you agree to pay BMFS the fees for the services applicable to the service level you choose. For any upgrade or downgrade in plan level, the debit card that you provided will automatically and immediately be charged the new rate.

All fees are paid in advance and are non-refundable. If you provide us with a debit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay BMFS in the event of any refusal of your debit card issuer to pay any amount to BMFS for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any reasonable amount when due, BMFS may immediately suspend or terminate your use of or access to any or all of our services.

Disclaimers

BMFS makes no representations or warranties with respect to the Site or its Content, or any Tool, Feedback, coaching service, information, product, or service available on or promoted through the Site, including products or services from third parties. The Site, all Tools, any Feedback, and all Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, BMFS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, ANY COACHING, INFORMATION, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. Without limiting the generality of the foregoing, BMFS, its affiliates, and their service providers and licensors disclaim all representations and warranties of the following: (a) title, non-infringement, merchantability and fitness for a particular purpose, (b) security of the Site, (c) that the Content of the Site, Feedback, or any Tools are accurate, complete, or current, or (d) that the Site will operate securely or without interruption or error. Your use of the Site is at your own risk.

We do not represent or warrant that the Site, its servers, or any transmissions sent from us or through the Site will be free of any harmful components (including viruses).

Limitation of Liability

To the fullest extent permitted by applicable laws, we, on behalf of our owners, directors, officers, employees, agents, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising, including, without limitation, any direct, indirect, general, special, punitive, incidental, or consequential damages,  loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site. You assume total responsibility for establishing such procedures as you consider necessary for data backup and virus checking. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed the amount you paid BMFS in the twelve (12) months immediately preceding the event giving rise to the liability.

Geographic Restrictions

The Site is intended exclusively for a United States audience. If you access the Site from a country other than the United States, your use of the Site is unauthorized and at your own risk.

Communications & Text Messaging Services

We may offer communications via calls, SMS text messages, or similar technology subject to our receiving from you any consents required by applicable law. These communications may be sent or initiated by BMFS or any of its service providers, such as when we send agents notifications for lead requests submitted to BMFS through the Site. Message and data rates may apply. Message frequency may vary according to how you interact with our platform. To stop receiving text messages from BMFS, reply STOP. You agree we may send you a message to confirm our receipt of your STOP request. You may also opt-out of BMFS text messages by emailing your request and mobile telephone number to admin@baermountainfs.com.

You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that BMFS will have no liability for failing to honor such requests. You may also contact us by emailing us at admin@baermountainfs.com. Not all mobile devices may be supported, and text messaging may not be available in all areas. BMFS and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use or reliance on the content of any text message. You agree that all information you provide through the Site (including but not limited to your telephone number(s) and other contact information) will be accurate, current, and truthful to the best of your knowledge. You consent to BMFS’ use of such information in accordance with our Privacy Policy. If you have any questions about your text plan or data plan, you must contact your wireless provider.

Modification, Discontinuation, and Termination

We reserve the right, at any time and from time-to-time and with or without notice, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products, and/or services available through the Site (or any part thereof). You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site.

You also agree that BMFS, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if BMFS believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that BMFS may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. Further, you agree that BMFS shall not be liable to you or any third-party for any termination of your use of or access to the Site. If BMFS terminates your use of or access to the Site due to a violation of these Terms, BMFS will not issue any refunds to you but also will not charge your debit card again.

Waiver

Our failure at any time to require immediate performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, BMFS’ waiver of any breach of any provision of these Terms or of any right provided for herein will not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

Governing Law, Jurisdiction, and Venue

These Terms will be governed under the laws of the State of Washington without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state court in Asotin, Washington and Asotin County, or in federal court in Spokane, Washington. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that violation of these Terms is taking place or originating.

Indemnity

You agree to indemnify and hold BMFS, its subsidiaries, and affiliates, and their respective owners, officers, directors, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Terms of Use May Change

These Terms are current as of the effective date set forth below. BMFS reserves the right to change these Terms from time to time and as it deems necessary, including to be consistent with applicable laws. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept the revised Terms, you may not access or use the Site.

Entire Agreement

These Terms, together with our Privacy Policy and any supplemental terms referenced or linked to herein, contain the entire understanding and agreement between you and BMFS with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and BMFS with respect to the Site and your use of and access to the Site.

Questions

If you have any questions about the Site or these Terms, please contact us using the following contact information:

Baer Mountain Financial Services
PO Box 774
Clarkston, WA 99403

admin@baermountainfs.com

1 (208) 503-6262

Rev. Nov 15, 2024