Devon Gimbel MD LLC  

Program Terms and Conditions of Use  

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU  before you are permitted to use any Devon Gimbel, MD LLC digital or downloadable resource,  online course, group coaching, class, program, workshop, training, participate in any Devon  Gimbel, MD LLC events, or enter any online private forums or membership sites operated by  Devon Gimbel, MD LLC (for any purpose), whether on a website hosted by Devon Gimbel, MD  LLC or a third-party website such as an online course platform such as Kajabi, whether now  known or unknown (collectively “the Programs” and individually “the Program”).  

If you do not agree with these TOU, you may not use any of the Programs.  

As used in these TOU, the term “Releasees” is defined to include the following: Devon Gimbel,  MD LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers,  past and present employees, agents, coaches, representatives, successors, and assigns  (collectively “the Company”); (ii) any Company volunteers; and (iii) Devon Gimbel.  

 

1. The Points Made Easy Online Course  

You will receive as part of the Points Made Easy Online Course:  

i. Access to a digital course library with video modules; 

ii. Three months of access to an active private online community (after three  months, the community will be archived and closed to new activity); and  

iii. Live Zoom calls during the initial three months following enrollment.  

iv. E-mail tech support in between calls  

You may receive a separate welcome email with instructions on how to log on to the course  platform and other course related orientation information. In order to participate in the Points  Made Easy Online Course, you must comply with instructions and deadlines before participating  in the course.  

If you wish to purchase another Program or other services from the Company, both you and  Company must agree in writing (including by e-mail), to any additional services and payment  terms. The terms of these TOU will continue to apply unless superseded by another agreement in  writing.  

 

2. Participants  

The Programs are intended and only suitable for individuals aged 18 and above. Some of the  content in the Programs may not be appropriate for children. Company hereby disclaims all  liability for use by individuals under the age of 18. 

The Company reserves the right to offer additional program elements from time to time, for any  subgroup of participants. These additional program elements are a bonus, not a part of the  services included in the base version of the Program. The selection of the participants who may  participate in any additional program elements is at the sole discretion of the Company.  

 

3. Fees and Payment Schedule  

You agree to the fees and payment schedule you select at checkout. 

If payment is not received when due, Company reserves the right to terminate these TOU and  your access to the Programs and all Content, as defined below, immediately and permanently.  

If paying by debit card or credit card, you give Company and any company that Company is  affiliated with permission to automatically charge your credit or debit card for all fees and  charges due and payable to the Company, without any additional authorization, for which you  will receive an electronic receipt. You also agree that the Company and any company that  Company is affiliated with is authorized to share any payment information and instructions  required to complete the payment transactions with its third-party payment service providers  (e.g., credit card transaction processing, merchant settlement, and related services).  

If you fail to make any payment in a timely manner or voluntarily withdraw from the Programs  at any time or for any reason, you will remain fully responsible for the full cost of the Programs  and all payments in any payment plan you have chosen. The Company reserves the right to  charge a late fee on all balances more than 30 days overdue. You agree to reimburse the  Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.  

 

4. Live or In-Person Events, COVID-19  

As a condition of being permitted to attend any in-person activities, retreats, or other events  (collectively “Events”) in connection with the Programs, and in light of COVID-19, you  acknowledge and agree:  

1.  You are fully and personally responsible for your own safety and actions. To the best of  your knowledge, you have no medical condition that would make my participation in  Events more hazardous.  
2. You will observe and obey all posted rules and warnings, to follow any instructions or  directions given by the Company through its employees, representatives, or agents during  Events.  
3. You will exhibit appropriate behavior at all times while at Events and to obey all local,  state, and federal civil and criminal laws. This includes, generally, respect for other people, equipment, facilities, or property. You may be dismissed, without refund, should  your behavior endanger the safety of or negatively affect an Event or any person, facility,  or property.  
4. Releasees are not responsible for any personal item or property that is lost, damaged, or  stolen at or during Events.  
5. You consent to medical care and transportation in order to obtain treatment in the event of  injury that volunteers or medical professionals may deem appropriate and understand that  the waiver and release herein extends to any liability arising out of or in any way  connected with the medical treatment and transportation provided in the event of an  emergency and/or injury.  
6.  Your live attendance at and participation in Events could lead to serious injury, illness, or  even death for myself and others including, but not limited to, those resulting from  influenza, MRSA, or COVID-19. 
7.  COVID-19 is extremely contagious and can be spread through person-to-person contact.  Asymptomatic individuals can be infected with and transmit COVID-19 without their  knowledge.  
8. “Social distancing” must be practiced and face coverings worn when not outdoors to  reduce the risks of exposure to COVID-19. Despite preventative measures, the Releasees  cannot guarantee that attendees will not become infected with COVID-19.  
9.  With full knowledge of the risks involved, you voluntarily assume an element of inherent  risk, and knowingly and freely assume all risk and responsibility for injuries to any  persons or damages to any property, and release, covenant not to sue, and hold Releasees  harmless for any and all liability to you, my personal representatives, assigns, heirs and  next of kin, for any and all claims, causes of action, obligations, lawsuits, charges,  complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or  description, whether direct or indirect, in law or in equity, in contract or in tort, or  otherwise, whether known or unknown, arising out of or connected with my live  attendance at or participation in Events, whether or not caused by the active or passive  negligence of the Releasees, including but not limited to economic loss, injury, illness, or  death related to COVID-19. 
10. If you choose to consume alcoholic beverages during any part of the Programs, you must  do so responsibly and only if you are over the age of twenty-one (21).  
11. If the release and hold harmless provision is held unenforceable for any reason, you agree  to limit any damages claimed to the Program Fee.  
12. You agree to indemnify and hold harmless the Releasees from any loss, liability, damage  or cost they may incur due to your attendance of or participation in Events, whether or  not caused by the active or passive negligence of the Releasees and including without  limitation those arising from any breach of a representation or warranty by you. You also  agree to indemnify the Releasees from any and all third-party claims caused in whole or  in part by your negligent or intentional acts or omissions.  
13. This waiver and release of liability includes, without limitation, injuries which may occur  as a result of (a) improper maintenance of any premises or facility; (c) negligent  instruction or supervision; (d) negligent hiring, training, supervision, or retention of  employees or volunteers; and/or (e) slipping or tripping and falling while on any portion  of a premises or while traveling to or from Events, including injuries resulting from  Releasees’ or anyone else’s negligent inspection or maintenance of the facility or  premises.  
14. This release is not intended as an attempted release of claims of reckless or intentional  acts by the Company.  
15. You expressly acknowledge and agree that all rights under Section 1542 of the California  Civil Code are expressly waived. That section provides:  

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.  

 

5. Confidentiality and Non-Disclosure  

In order to assist Company in performing its obligations under these TOU, Company may have  access to some of your confidential information. For purposes of these TOU, “Confidential  Information” includes all information or material that has or could have commercial value or  other utility in the business in which you are engaged, or to your customers or their business, and  which is not generally known to the public.  

Company is not legally bound to keep your information confidential. Nevertheless, Company  agrees not to disclose the aforementioned information to third parties unless Company first  obtains written permission from you permitting disclosure of such information, except in very  rare circumstances where disclosure is required by law, for example when a court might issue a  subpoena for the file or information, or if you threaten to harm yourself or others. You  acknowledge that your communications with Company are not covered by any doctor-patient  privilege or other privilege.  

You may use a screen name or pseudonym instead of your actual name for your participation in  group coaching sessions and public posts on the Company website and in third-party forums  operated by the Company.  

You agree that the Company will not be liable for the disclosure of any of your information by  another Program participant. You agree to keep all information you learn about other Program  participants, their businesses, or clients (as applicable), strictly confidential except in very rare  circumstances where disclosure is required by law.  

The Company may record coaching calls and share them in the Program, on the Company’s  website, or on third-party forums operated by the Company.  

You agree you will not share any recorded coaching calls or third-party forum postings outside  the private member areas of the Company’s website or any third-party forums operated by the  Company. If the Company discovers you have done so, this will be grounds for immediate  termination of your access to the Programs and Content.  

This confidentiality and non-disclosure Section of these TOU will survive the termination of  these TOU.  

 

6. Refunds 

Your satisfaction with the Programs and Content is important to the Company. However, because  of the extensive time, effort, preparation and care that goes into creating and providing the  Program, the Company has a no refund policy. Unless otherwise provided by law, you  acknowledge that the Company does not offer refunds for any portion of your payment for any  portion of the Programs and no refunds will be provided to you at any time. By using and/or  purchasing the Programs, you understand and agree that all sales are final, and no refunds will be  provided.  

Company reserves the right, in its sole discretion, to determine how to discipline a participant  who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines  another participant and requests a refund, the Company will deny such request.  

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole  discretion, to offer the participant another opportunity to abide by these TOU. If a participant  disagrees with the Company offering another participant a second opportunity to follow these  TOU, no grounds for a participant to receive a refund would be created, and any request for a  refund on this basis will be denied.  

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate  these TOU, the Company may terminate your access and participation in the Programs without  notice and without refund.  

Since the Company has a clear and explicit refund policy in these TOU that you have agreed to  prior to completing the purchase of the Program, the Company does not tolerate or accept any  type of chargeback threat or actual chargeback from your credit card company or payment  processor. If a chargeback is placed on a purchase or the Company receives a chargeback threat  during or after your purchase, the Company reserves the right to report the incident to all three  credit reporting agencies or to any other entity for inclusion in any chargeback database or for  listing as a delinquent account, which could have a negative impact on your credit report score.  The information reported will include your name, email address, order date, order amount, and  billing address. Chargeback abusers wishing to be removed from the database will make the  payment for the amount of the chargeback.  

 

7. Termination or Cancellation 

The Company reserves the right in its sole discretion to refuse or terminate your access to the  Programs and Content, in full or in part, at any time without notice. The Company may terminate  your participation in the Programs at any time, without refund, if you breach any part of these  TOU. In the event of cancellation or termination, you are no longer authorized to access the part  of the Programs or Content affected by such cancellation or termination. The restrictions  imposed on you in these TOU with respect to the Programs and its Content will still apply now  and in the future, even after termination by you or the Company.  

If you would like to cancel your access and participation in the Program, you must provide the  Company with notice by email at [email protected].  

Your access to the materials and Content of the Program will be immediately terminated upon  your notice of cancellation.  

You will not be issued a refund for any remaining days or months of the Program after your  cancellation.  

In the event you decide to cancel, any default, or late payments will be due immediately.

 

8. Intellectual Property Rights 

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics,  photos, images, information, materials, documents, data, databases and all other information and  intellectual property accessible on or through the Company website, any third-party website the  Company may use to distribute or host the Programs, and contained in e-mails sent to you by the  Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the  Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by  copyright, trademark, and other intellectual property laws.  

b. The Company’s Limited License to You  

If you view, purchase, or access any Programs or any of the Content, you will be considered our  Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for  personal, non-commercial use only, limited to you only.  

This means you may view, download, print, email and use one copy of individual pages of the  Programs and Content for your own personal purposes or internally within your business only.  

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends,  family, or any other third party, or otherwise use any material from the Programs or Content for  commercial purposes or in any way that earns you or any third-party money (other than by  applying them generally in your own business). By downloading, printing, or otherwise using the  Programs or Content for personal use you in no way assume any ownership rights of the Content.  You may not sublicense the Programs or Content. Any unauthorized use of any materials found  in the Programs or Content will constitute infringement.  

You must receive our written permission before using any of the Programs or Content for your  own commercial use or before sharing with others.  

The trademarks and logos displayed on the Programs or Content are trademarks belonging to the  Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing  these trademarks, or other trademarks displayed, is strictly prohibited without our written  permission.  

All rights not expressly granted in these TOU or any express written license, are reserved by us.

c. Unauthorized Use  

Your use of any materials found in the Programs or Content other than that expressly authorized  in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You  agree to pay liquidated damages of five (5) times the total fees paid for the Programs in the event  of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is  greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use. You  agree that any violation or threatened violation of the intellectual property rights terms in these  TOU would cause irreparable injury to the Company that may not be adequately compensated by  damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal  remedies.  

d. Your License to the Company; Use in Testimonials and Marketing 

By posting or submitting any material during the Programs such as comments, posts, photos,  designs, graphics, images or videos or other contributions, you are representing to us that you are  the owner of all such materials, and you are at least eighteen (18) years old. You are also granting  us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create  derivative works from, distribute, and/or publicly perform or display your contributions, in  whole or in part, in any manner or medium, now known or developed in the future, for any  purpose, and are granting us the right to make it part of the Company’s current or future  Programs and Content. This right includes granting us proprietary rights or intellectual property  rights under any relevant jurisdiction without any further permission from you or compensation  by us to you.  

You also consent to photographs, videos, and/or audio recordings, including teleconference calls,  webinars, or other communications, that may be made by the Company during the Programs that  may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve  the right to use these photographs, videos, and or/audio recordings and/or any other materials  submitted by you to the Company or created by the Company in connection with your  participation in any Programs, without compensation to you at any time, now or at any time in  the future.  

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as  the author and individual depicted in any comments, posts, photos, images, videos, or other  contributions created by you or the Company, or by name, email address, or screen name, for any  purposes, including commercial purposes and advertising. You acknowledge that we have the  right but not the obligation to use any contributions from you and that we may elect to cease the  use of any such contributions in the Programs or in our Content at any time for any reason.  

This means you give the Company permission to use anything you submit or post in the  Programs or any third-party forum or website operated by the Company, or anything captured by  the Company during your participation in the Programs, including images in which your face is  visible and recognizable.  

e. Request for Permission to Use the Content  

If you wish to use any of the Content, or any other intellectual property or property belonging to  the Company, you should request permission in writing BEFORE you use the Content by  sending an email to [email protected].  

If you are granted permission by the Company, you agree to use the specific Content that the  Company allows and only in the ways for which the Company has given you its written  permission. If you choose to use the Content in ways that the Company does not specifically give  you written permission, you agree now that you will be treated as if you had copied, duplicated  and/or stolen such Content from us, and you consent to immediately stop using such Content and  to take whatever actions as we may request and by the methods and in the time frame that we  prescribe to protect our intellectual property and ownership rights in the Programs and Content.  

 

9. Diversity, Equity, and Inclusion  

Company is committed to social justice, including LGBTQ rights, women’s rights, and civil  rights and provides services for individuals from a diverse array of races, ethnicities, national  origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.  

Company does not tolerate or support discriminatory speech, hate speech, comments, or actions  against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or  other labels, or any physical, mental, or emotional abuse.  

Company reserves the right to terminate these TOU and any part of the Programs, without  refund, if you, or your employees, representatives, agents, founders, members, owners,  managers, directors, or officers, engages in, encourages, demonstrates, or communicates  statements, language, or actions that support race, gender, ethnicity, or disability inequality,  discrimination, hate speech, or disrespect towards any individuals on Company’s team, or that  are in underrepresented or under-represented or marginalized groups.  

If, in the Company’s sole discretion, your conduct violates this Section in any way, you agree  that Company may immediately terminate these TOU and the consulting relationship.  

 

10. Your Conduct in the Program  

Please choose carefully the materials that you upload to, submit to, or embed on any website  operated by the Company and any third-party forums operated by the Company. Any material  you post on the Company’s website or in any third-party forums operated by the Company may  become public.  

You are responsible for your material and for any liability that may result from the material you  post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by  leaving a comment, participating in a chat, public or private forum, 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, or 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 the Company’s and any third-party forums operated by the Company. 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 the Company  website or any third-party forums operated by the Company. The Company will not be  responsible or liable for any loss or damage caused by third-party posts, comments, or materials  on the Company website and any third-party forums operated by the Company.  

You are strictly forbidden from the following:  

• Causing damage to any Company website or third-party forums operated by the  Company.  
• Using any Company website or third-party forums operated by the Company for any  unlawful, illegal, fraudulent, or harmful purpose or activity.  
• Using any Company website or third-party forums operated by the Company to copy,  store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan  horse, keystroke logger or other malicious software.  
• Using any Company website or third-party forums operated by the Company to transmit,  send, or deliver unsolicited communications or for other marketing or advertising  purposes.  
• Systematically or automatically collecting data from any Company website or third-party  forums operated by the Company.  
• Sharing private, confidential, and/or proprietary information from the Programs or other  participants with anyone else.  
• Discriminatory speech, hate speech, comments, or actions against another member based  on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.  
• Harassing, fighting with, or being disrespectful to other participants.  
• Violating the rules posted in any private forum, whether hosted by Company or on a  third-party site.  
• Infringing on any third party’s copyright or other intellectual property rights.  
• Harassing, fighting with, or being disrespectful to Company’s other clients or potential  clients.  

We may also post separate rules regarding your behavior in any online community or forum,  whether hosted on the Company’s website or a third-party website, which may be updated from  time to time. You agree that you are bound by those rules and they are expressly incorporated  into these TOU.  

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that  the Company may immediately and permanently terminate your participation in the Programs  and your access to the Content without refund.  

The Company does its best to create a safe and welcoming space for all participants, however,  Company cannot guarantee that all participants will follow these guidelines. Company, in its sole  discretion, may remove any participant’s comments, posts, content or materials, however,  Company does not have a duty to review all comments, posts, content and material shared within  any online private forums or groups or on any group call. Therefore, Company will not be held  liable for any participant’s comments, actions, posts, content, or materials that result in another  participant’s trauma or discomfort.  

The Programs are “pitch free zones.” You agree you will not pitch, promote, market, or sell any  other products, groups, programs, or events to Program participants. This means you agree not to  form or ask Program participants to join “shadow” groups on social media or any other platform,  or in-person meetups, based on interests or locality. You also agree that you will not, directly or  indirectly, solicit any Program participant for any commercial purpose.  

 

11. Community Guidelines  

The Company has created a community that is a safe and judgment-free space. Within this  community is the baseline expectation that all participants will treat one another with respect  while bringing encouragement and consideration to all participants.  

The Company’s community guidelines are as follows:  

a. You are prohibited from and agree not to take screenshots of any material within the  community, whether posted by You, the Company, or another member.  

b. The Company encourages all participants to connect with one another. The Company  does not tolerate nor support any participant’s discriminatory speech, hate speech,  comments, or actions against another participant based on their sex, gender, age,  ethnicity, race, socio-economic status, disability, or other labels. 

c. The Company does its best to create a safe and welcoming space for all participants,  however, Company cannot guarantee that all participants will follow these guidelines.  The Company, in its sole discretion, may remove any participant’s comments, posts,  content or materials, however, the Company does not have a duty to review all  comments, posts, content and material shared within the Program. Therefore, the  Company will not be held liable for any participant’s comments, actions, posts, content,  or materials that result in another participant’s trauma or discomfort. 

d. The Company has created a safe space for all participants to feel seen, respected, and  heard. The Company encourages participants to engage in respectful dialogue with one  another. The Company does not support nor tolerate any disrespectful actions or  comments, which include, but are not limited to hate speech, discriminatory comments,  physical, or mental or emotional abuse. Therefore, each participant must demonstrate  respect towards one another. 

e. Participants should support each other with words of encouragement, resources, or  suggestions, while respecting each participant’s boundaries. 

f. The Company reserves the right to offer additional Program elements from time to time,  for any subgroup of participants. These additional Program elements are a bonus, not a  part of the services included in the base membership of the Program. The selection of the  participants who may participate in any additional Program elements is at the sole  discretion of the Company. If a participant is denied enrollment in these additional  Program elements, no grounds for a participant to receive a refund would be created and  any request for a refund on this basis will be denied.  

The Company may also post separate rules regarding your behavior in any online community or  forum, whether hosted on the Company’s website or a third-party website, which may be updated  from time to time. You agree that you are bound by those rules and they are expressly  incorporated into these TOU.  

 

12. Username and Password  

To access certain features of the Program, including any private membership areas, you may  need a username and password. It is your responsibility to inform the Company before the  Program start date if you do not receive an email containing your password to access the  Program. You agree to keep your username and password confidential. During the registration  process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have  provided false information, shared your username and password with anyone else, or forwarded  any non-public material from the Programs to any other person, the Company has the right to  suspend or terminate your account and refuse any and all current or future use of the Programs or  any Content, in whole or part, without refund. Any personally identifiable information you  provide as part of the registration process is governed by the terms of the Company’s website  Privacy Policy.  

 

13. Limitation of Liability, Release 

You agree that Company will not be liable to you or any third party for any damages (including,  without limitation, lost data, lost profits, incidental or consequential damages), that arise from  Company’s performance of the Programs (including, without limitation, failure to perform in a  timely manner). You agree that any personal injury to you or third parties or any property  damage incurred in the course of performance of the Programs will be your sole responsibility.  You agree to indemnify Company, and its owners, officers, employees, and agents from and  against any and all costs, losses, damages, liabilities, expenses, demands, and judgments,  including court costs and attorney’s fees, which may arise out of Company’s performance of the  Programs, except to the extent such are caused by the sole fault or negligence of Company.  

 

14. Personal Responsibility, Assumption of Risk, Release, Disclaimers 

a. You are voluntarily participating in the Programs and assume all risk of injury,  illness, damage, or loss to you or your property that might result, whether arising  out of the negligence of Releasees or otherwise.  

b. Your participation in the Programs does not establish a business advisor-client,  financial advisor-client, investment advisor-client, doctor-patient, or accountant client relationship of any kind between you and the Company, Releasees, or  anyone providing services on behalf of the Company or Releasees.  

c. The Programs and Content provide information and education only, and do not  provide any financial, legal, medical, or psychological services or advice. None of  the Programs or Content prevents, cures, or treats any mental or medical  condition. The Programs and Content is not intended to be a substitute for  professional advice that can be provided by your own accountant, lawyer,  financial advisor, investment advisor, or medical professional. You are responsible  for your own financial, legal, physical, mental, and emotional well-being,  decisions, choices, actions, and results.  

YOU AGREE THAT COMPANY, RELEASEES, AND/OR THEIR  RESPECTIVE CONTRACTORS, EMPLOYEES, OR AFFILIATES ARE  NOT AND DO NOT HOLD THEMSELVES OUT TO BE ECONOMISTS,  ACCOUNTANTS, OR INVESTMENT OR FINANCIAL PLANNERS,  ADVISORS, OR ANALYSTS. NONE OF THE PROGRAMS OR CONTENT  ARE OFFERS OR SOLICITATIONS OF OFFERS TO BUY, SELL, OR  ENDORSE ANY COMPANY, SECURITY, FUND, OR OTHER OFFERING.  YOU SHOULD NOT RELY ON THE PROGRAMS OR CONTENT TO  TRANSACT SECURITIES OR OTHER INVESTMENTS.  

You should consult with a professional if you have specific questions about your  own unique situation. The Company disclaims any liability for your reliance on  any opinions or advice contained in the Programs.  

d. You acknowledge that, by engaging with the Company for the Programs, you  voluntarily assume an element of inherent risk, and knowingly and freely assume  all risk and responsibility for injuries to any persons or damages to any property,  and release, covenant not to sue, and hold Releasees harmless for any and all  liability to you, your personal representatives, assigns, heirs and next of kin, for  any and all claims, causes of action, obligations, lawsuits, charges, complaints,  controversies, damages, costs or expenses of whatsoever kind, nature, or  description, whether direct or indirect, in law or in equity, in contract or in tort, or  otherwise, whether known or unknown, arising out of or connected with your  participation in the Programs, whether or not caused by the active or passive  negligence of the Releasees. This release is not intended as an attempted release  of claims of gross negligence or intentional acts by Releasees.  

In the event that the release and hold harmless provision is held unenforceable for  any reason, you agree to limit any damages claimed to the total paid to the  Company for the Programs.  

e. Earnings and Results Disclaimer: You agree that Company has not made and  does not make any representations about the earnings or results you may receive  as a result of your participation in the Programs. The Company cannot and does  not guarantee that you will achieve any particular result or earnings from your use  of the Programs, and you understand that results and earnings differ for each  individual.  

f. 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. Company may provide you with affiliate links under  which Company may be compensated monetarily. 

g. The Company is not responsible or liable for members of the Programs infringing  on another other member’s intellectual property, content, or materials.  

h. The Company tries to ensure that the availability and delivery of the Programs  and Content is uninterrupted and error-free. However, the Company cannot  guarantee that your access will not be suspended or restricted from time to time,  including to allow for repairs, maintenance, or updates, although, of course, we  will try to limit the frequency and duration of suspension or restriction. 

i. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR  THROUGH THE PROGRAMS AND CONTENT 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 THE PROGRAMS OR ANY  OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT  DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE  COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE  SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. 

j. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES  THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE  PROGRAMS, INCLUDING THEIR MATERIALS, PRODUCTS OR  SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES  MADE AVAILABLE THROUGH THE PROGRAMS.  

Although Devon Gimbel, MD is a licensed physician and other employees or contractors of  the Company may be licensed health care professionals or affiliated therewith, your receipt  of the Programs and/or Content does not establish a doctor-patient or similar relationship  of any kind between you, the Company, any businesses or individuals the Company is  affiliated with, employees or contractors of the Company, or Devon Gimbel, MD. 

Company cannot and does not guarantee any particular results, financial, or business  outcomes as a result of your participation in the Programs.

 

15. Security  

You acknowledge that there is an inherent risk in all forms of electronic communication, and  communications between you and the Company may be unlawfully intercepted by third parties  not under our control. The Company does not guarantee the security of any information  transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts  you undertake to communicate with Company are done at your own risk.  

 

16. Users Outside United States  

The Company controls and operates the Programs from offices in the United States. The  Company does not represent that materials on the Programs are appropriate or available for use  in other locations. People who choose to access the Programs 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.  

 

17. Force Majeure  

Company will not be deemed in breach of these TOU if Company is unable to complete or  provide all of the content in the Programs or any portion thereof by reason of fire, earthquake,  labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of  Company and any company that Company is affiliated with or any local, state, federal, national,  or international law, governmental order or regulation or any other event beyond Company’s  control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event,  Company will give notice to you of its inability to perform or of delay in completing the  Programs and will propose revisions to the schedule for completion of the Programs or other  accommodations or may terminate these TOU.  

 

18. Legal Disputes  

These TOU will be governed by and construed in accordance with the laws of the State of  Illinois without giving effect to its conflict of laws principles. The state and federal court nearest  to Riverwoods, Illinois and Lake County, Illinois will have exclusive jurisdiction over any case  or controversy arising from or relating to the Programs or Content, including but not limited to  the Company’s Privacy Policy or these TOU. By using the Programs or Content, 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. The prevailing party  in any dispute between the parties arising out of or related to these TOU, whether resolved by  negotiation, mediation, or litigation, will be entitled to recover its attorneys’ fees and costs from  the other party.  

 

19. Entire Agreement; Modifications 

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the  law of the State of Illinois, and that if any portion is held invalid, it is agreed that it will be  severed, and the balance will continue in full legal force and effect.  

This is the entire agreement of the parties and reflects a complete understanding of the parties  with respect to the subject matter. These TOU supersede all prior written and oral  representations.  

The Company may change, modify, or update these TOU at any time. Any access or use of the  Programs or Content by you after the Company publicly posts or distributes such changes will  constitute consent of such modifications.  

 

By clicking on the box when signing up for Consulting, you are providing the electronic  equivalent of your signature and assert that you have read, understood and agreed to this  entire document. If you do not agree with these terms, do not purchase or use Consulting. 

Updated on 06/20/2024