Website Terms & Conditions of Use with Disclosures and Disclaimers
Website Terms and Conditions of Use with Disclosures and Disclaimers
By visiting and using this website https://www.pointmetofirstclass.com, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Devon Gimbel MD LLC doing business as Point Me to First Class (the “Company”).
- Intellectual Property
This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics.
You may view, download, print, email and use materials from this website for personal, noncommercial purposes only. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.
- Visitor Comments and Posts
If you submit, comment, or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant the Company a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; and (4) you grant the Company a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. The Company does not claim any ownership rights in your materials.
Please carefully choose the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your materials and for any liability that may result from the materials you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.
- Visitor Behavior on Website
You are strictly forbidden from the following:
- Causing damage to this website.
- Using this website for any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software.
- Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
- Systematically or automatically collecting data from this website.
- Sharing private and proprietary information from online courses with anyone else.
The Company may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.
- DISCLAIMERS
This website provides information only, and does not provide any financial, legal, medical, or psychological services or advice, or any other kind of services or advice provided by a licensed or certified professional. None of the content on this website prevents, cures, or treats any mental or medical condition. This website is not intended to be a substitute for professional advice that can be provided by an accountant or financial advisor. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. The Company disclaims any liability for your reliance on any opinions or advice contained in this website.
Devon Gimbel MD is a medical doctor, but she is not your doctor, and she is not offering medical advice on this website. If you are in need of professional advice or medical care, you must seek out the services of your own doctor or health care professional.
This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation.
- IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS
You agree that the Company has not made and does not make any specific representations about the earnings or results you may receive. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual.
- Links to Third-Party Products, Services, or Sites
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- No Warranty
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
- General Terms
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws. The nearest state and federal court to Riverwoods, IL shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Company may change, modify, or update these Terms at any time without notice. Any access or use of this website by you after the Company posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected].
The Company controls and operates this website from offices in the United States. The Company does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Disclosures
This website is written and edited by the Company. The Company does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.
The Company does not have relationships that might present a conflict of interest or influence the content of this website.
