Terms Of Use
The website www.thefirstgenmentor.com (hereinafter “Website”) and any content therein is owned and operated by The First Gen Mentor®, LLC a limited liability company located in Illinois (hereinafter “we” “us” “our”). Please read the Terms before using our Website. By visiting and using this Website, you (hereinafter “visitor” “user” “you” “your”) are consenting that you have read these Terms of Use and agree to be bound by the Terms (defined below). If you don’t agree with anything contained in these Terms of Service, please refrain from visiting, accessing, or using any part of our Website.
If you are under age 18, you may only use the Website with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
1. Acceptance of the Terms
By accessing our Website, you confirm that you accept the Terms of Use, Course Terms, and Privacy Policy (collectively, the “Terms”).
2. Term and Survival
These Terms shall be effective as of the date you accept the terms herein or first access, download or use any of the services or information on our Website and shall remain in effect for so long as you use or access it (the “Term”). Upon termination of the Term, you shall no longer be permitted to use or access our Website. The terms herein that contemplate obligations after the Term, including but not limited to Indemnity, Warranties, Limitation of Liability, Governing Law, and Severability shall survive termination.”
3. Changes to the Terms and Your Obligation to Check for Updates
From time to time, we may update the Terms without notice. As such, you acknowledge and agree that you are responsible for checking the Terms for any updates or amendments. By continuing to use our Website and the content we produce, you agree to be bound by the most updated version of these Terms and conditions, whether or not you have read them.
4. Your Access to Our Website
Our Website contains images, videos, graphics, blog posts, written works, courses, products, press features, and other materials that are unique assets belonging to us or we have obtained the appropriate consents, licenses, or permissions to feature certain images, logos, or designs on our Website (collectively, the “Content”). You accept that you are not authorized to use the Content in a manner that infringes on our rights or in a manner that has not been authorized by us through our prior written consent. We hereby grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to use the Content available to you on our Website for your personal, non-commercial use only. We reserve and retain the right to prosecute any usage that exceeds this limited license or is inconsistent with the Terms to the full extent of the law, including all criminal charges and civil damages.
5. Content that You May Post or Share with Us and Your Release
Any information you share, transmit, or publish on our comments section below our blog posts may, by design, be open to the public. By submitting those comments, you agree that such submission is non-confidential for all purposes. It is your obligation to confirm that any post to a comments section you make does not breach any confidentiality obligation you have.
We make no representation, endorsement, or guarantee regarding the veracity, accuracy or reliability of the comments or content posted in the comments section or elsewhere on our Website.
While we have no obligation to remove any content posted by third parties, we do reserve our rights to remove, delete, or hide any content on our website for any reason without notice, in our sole discretion. We also reserve our rights to terminate or restrict your access to our Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF OUR WEBSITE IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
6. Prohibited Uses
a. While you access our Website you agree to not engage in the following prohibited conduct:
i. Access or use our Website if you are not fully able and legally competent to agree to these Terms or are authorized by your parent or legal guardian;
ii. Violate our legal rights or rights of third parties, including, but not limited to intellectual property rights, publicity rights, privacy rights or any other rights under applicable law;
iii. Interfere with or attempt to interfere with the proper working of our Website, disrupt our Website or any networks connected to our Website, bypass any measures we may use to secure our Website, or gain access to our data or our Website’s data;
iv. Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from us;
v. Publish any material that is deliberately designed to provoke or antagonize people or is intended to harass, threaten, harm, hurt, scare, distress, embarrass or upset people or other users of our Website; or
vi. Publish any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
b. We reserve the right, at any time and without prior notice, to remove or disable access to any comments or reviews sections within our Website at our discretion for any reason or no reason, including, but not limited finding the content objectionable, in violation of these Terms or otherwise harmful to our Website, our business partners, or our users.
7. Content on Our Website
Please be advised that our content on our Website is for general informational purposes only. Nothing, including what We post on our social media platforms, share in our newsletters, in our Website constitutes financial or tax advice. We and our partners, featured guests, sponsors, or affiliates make no representations or warranties concerning any investment options, stocks, investment tools, investment applications, investment account options, or investment products, installation, action, or application of any investment strategy featured on our Website (including any products we make available through our site or provide affiliate links to earn a small commission. As such, you acknowledge and agree that you will obtain the advice and assistance of a licensed financial advisor, accountant, or relevant professional for further clarification on any financial or tax related advice. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
8. Affiliate Links
From time to time, we receive a small commission and other forms of compensation from partnering with brands, suppliers, and other business affiliates we care about. This includes, but is not limited to various advertising, sponsorship, affiliate links, and promotional campaigns that we feature on our Website and/or provide in connection with our Content. In those instances, we will disclose our relationship with those partners, brands, suppliers, or affiliates to disclose our financial relationship with you. If you ultimately decide to purchase through our affiliate links, we may receive compensation as a result of that purchase.
9. Warranties
WE PROVIDE OUR WEBSITE, AND ALL CONTENT THAT’S AVAILABLE THROUGH OUR WEBSITE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER THEFIRSTGENMENTOR.COM, THE FIRST GEN MENTOR, LLC NOR ITS CORPORATE AFFILIATES, NOR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, EMAIL SENT IN CONNECTION WITH OUR WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION NOT OTHERWISE ALTERED OR WAIVABLE UNDER APPLICABLE LAW SHALL EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR MAKING ANY PURCHASES ON OUR WEBSITE.
ADDITIONALLY, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH OUR WEBSITE. ANY SUCH WEBSITE IS INDEPENDENT FROM US, AND WE HAVE NO CONTROL OVER, OR RESPONSIBILITY WITH RESPECT TO, THE INFORMATION PROVIDED OR ACTIVITIES UNDERTAKEN BY ANY SUCH WEBSITE.
11. Indemnity
You agree to defend, indemnify, and hold harmless us, our parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you of these Terms or arising out of (i) a breach of your obligations, representation and warranties under these Terms or any law or regulation; (ii) your violation of anyone’s rights, including intellectual property rights; or (iii) any disputes between you and a third party.
12. Notices
Any or all notice to be given shall be in writing and shall be transmitted by email at hello@thefirstgenmentor.com.
13. Governing Law.
The Terms shall be construed in accordance with and governed by the laws of the state of Illinois.
14. Remedies and Waiver of Class Action
Any remedy available under this Agreement, applicable law or equity shall be available to the parties. Notwithstanding the foregoing, any controversy or claim brought by you arising out of or relating to your use of our Website shall be settled in an Illinois court of competent subject matter jurisdiction. The Parties hereby irrevocably submit to venue and exclusive personal jurisdiction in the federal and state courts in Illinois (“Selected Jurisdiction”) for any dispute arising out of this Agreement. The Parties hereby irrevocably waive any and all objections that any Party may now or hereafter have to the exercise of personal and subject matter jurisdiction in the Selected Jurisdiction and to the laying of venue of any such proceeding or action brought in the Selected Jurisdiction.
You also waive your right to participate in a class action lawsuit and agree to litigate this in your individual capacity. This provision shall survive termination of the Terms.
15. Severability
If any provision of the Term is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
16. No Waiver
Our failure to insist on strict compliance with any of the terms, covenants, or conditions of Term will not be deemed a waiver of that term, covenant, or condition, nor will any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.