TERMS AND CONDITIONS

Welcome to tylerjwirth.com (the "Website"), operated by PenWirth Consulting, LLC ("we," "us," or "our"). By accessing or using this Website, you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use this Website.

1. Acceptance of Terms

By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. We reserve the right to modify these Terms at any time. Your continued use of the Website following any changes constitutes acceptance of those changes.

2. Use of Website 2.1 Permitted Use

You may use this Website for lawful purposes only. You agree not to: • Violate any applicable laws or regulations
• Infringe on our intellectual property rights or those of others
• Transmit any harmful code, viruses, or malicious software

• Attempt to gain unauthorized access to any part of the Website
• Use the Website to harass, abuse, or harm others
• Collect or harvest information about other users without their consent

2.2 User Accounts

If you create an account on our Website (for newsletter subscription, event registration, etc.), you are responsible for:

• Maintaining the confidentiality of your account credentials • All activities that occur under your account
• Notifying us immediately of any unauthorized use

3. Intellectual Property Rights 3.1 Content Ownership

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, and software, is the property of PenWirth Consulting, LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
This includes:
• The book You're the Shift: Master the Edge of Your Comfort Zone and Turn Worry into Winning • Horizon Matters newsletter content
• Website design and branding
• Speaking presentation materials
• All photography, graphics, and visual elements

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or publicly display any content without our written permission • Modify, adapt, or create derivative works
• Use content for commercial purposes without authorization
• Remove any copyright, trademark, or proprietary notices

3.3 User-Generated Content

If you submit content to our Website (e.g., comments, testimonials, reviews), you grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, and display such content.

4. Products and Services 4.1 Book Sales

When you purchase You're the Shift or other products through our Website or third-party retailers (Amazon, Barnes & Noble, etc.):

• All sales are final unless otherwise stated
• Pricing and availability are subject to change without notice
• We are not responsible for issues arising from third-party retailers • Refund policies are governed by the retailer's terms

4.2 Speaking Engagements

When booking Tyler J. Wirth for speaking engagements:
• Specific terms will be outlined in a separate agreement
• Pricing, availability, and deliverables vary by event
• Cancellation policies will be specified in booking agreements • We reserve the right to decline any speaking opportunity

4.3 Newsletter Subscription

By subscribing to Horizon Matters newsletter:
• You consent to receive periodic emails from us
• You may unsubscribe at any time using the link in each email
• We will not sell or share your email address (see Privacy Policy) • Subscription is free unless otherwise stated

5. Third-Party Links and Services

This Website may contain links to third-party websites or services (e.g., Amazon, social media platforms, email providers) that are not owned or controlled by PenWirth Consulting, LLC. We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of any third-party sites
• Any damages or losses caused by your use of third-party services
• The availability or accuracy of third-party resources
Your use of third-party websites is at your own risk and subject to their terms and conditions.

6. Disclaimers

6.1 'As Is' Basis

THIS WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

6.2 No Professional Advice

Content on this Website, including in You're the Shift and Horizon Matters newsletter, is for informational and entertainment purposes only. It does not constitute:

• Professional advice (legal, financial, medical, or therapeutic)

• A substitute for consultation with qualified professionals

• Guaranteed results or outcomes

You should consult appropriate professionals before making decisions based on content from this Website.

6.3 Accuracy of Information

While we strive to provide accurate and up-to-date information, we make no warranties about: • The completeness, reliability, or accuracy of content
• The suitability of content for your particular situation
• Uninterrupted or error-free operation of the Website

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PENWIRTH CONSULTING, LLC, TYLER J. WIRTH, AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages

• Loss of profits, revenue, data, or business opportunities

• Personal injury or property damage arising from your use of the Website

• Any claim exceeding the amount you paid (if any) to access the Website or purchase products

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless PenWirth Consulting, LLC, Tyler J. Wirth, and our affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your violation of these Terms
• Your use of the Website
• Your violation of any rights of another party • Any content you submit to the Website

9. Governing Law and Dispute Resolution 9.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law principles.

9.2 Jurisdiction

Any disputes arising from these Terms or your use of the Website shall be resolved in the state or federal courts located in Douglas County, Minnesota. You consent to the personal jurisdiction of these courts.

9.3 Informal Resolution

Before filing any formal claim, you agree to contact us at tyler@tylerjwirth.com to seek informal resolution of the dispute.

10. Termination

We reserve the right to terminate or suspend your access to the Website at any time, without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Any other reason at our sole discretion
Upon termination, your right to use the Website will immediately cease.

11. Miscellaneous 11.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PenWirth Consulting, LLC regarding your use of the Website.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

11.5 Contact Information

For questions about these Terms, please contact:

PenWirth Consulting, LLC

Tyler J. Wirth
Email: tyler@tylerjwirth.com Website: www.tylerjwirth.com Location: Alexandria, Minnesota

Last Updated: February 08, 2026