POSTED: 02/04/2021: These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and drvincegil.com, operated by Dr. Vincent E. Gil, (“we,” “us” or “our”), concerning your access to and use of the drvincegil.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). 

You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms of Use. If you do not agree with all these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental Terms of Use or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Any changes to the Terms of Use are noted when we update and date  these changes, and they appear in the Terms of Use; thus you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We cannot guarantee that this Site will endure, meaning it could close without further notice and no notification to users.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation; or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use, download, or solicit any information from the Site. If you are under 18, or a minor in your jurisdiction, you should leave the site NOW.

Governing Law 

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California, United States of America, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

User Representations

By using this site, you represent and warrant that:

1. You have the legal capacity to access and use the site, and you agree to comply with these Terms of Use;

2. You are 18 years of age or older. Further, that you are not legally a minor in the jurisdiction in which you reside, whether the U.S. or foreign country.

3. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

4. Your use of the Site will not violate any applicable law or regulation;

5. You will not use the Site for any illegal or unauthorized purpose;

6.  If you sign up for any Product offered by this site, your attest that all such information you submit will be true, accurate, current, and complete; 

7. That you will maintain the accuracy of such information and promptly update such information as necessary;

8. You acknowledge that if you provide any information which is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access, and refuse any or all current, or future use of the Site or any portion of it. 

Guidelines for Use

We have established certain guidelines to keep our community safe and ethical (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:

• You will comply with all applicable law;
• You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
• You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
• You will not attempt to upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”,      defamatory, sexually explicit, abusive, vulgar, hate speech, obscene,      indecent or otherwise objectionable;
• You will not attempt to upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual (see Privacy Policy);
• You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
• You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
• You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
• You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party while using this Site;
• You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
• You will not engage in market research or any research intended to help a competitor;
• You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose;
• You will notify us through the contact information provided below if you know or have reason to know that a  violation of any of our Guidelines has occurred. We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.
• You will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• You will not use the Site in a manner inconsistent with any applicable laws or regulations.

Use of Materials and Intellectual Property Rights. 

Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Moreover, as author, Site operator Dr. Vincent E. Gil has copyrighted representations of his work on the Site, so marked, both under the Author’s Common Law Copyright (Title 17 CSR, as dated in the work), as well as through Cascade Books ©2020, a division of Wipf & Stock Publishers. Except and but for “Fair Use”(see below), none of these copyrighted works are authorized to be quoted, copied, or in other ways transmitted, as per the above paragraph, without prior written request for permission by the author.

Fair Use Consideration: “Fair Use” in the U.S. allows limited use of copyrighted materials without permission for purposes such as review, critique, news reporting, research/scholarship, and teaching. There are four factors in considering Fair Use. (It is important to remember that “Fair Use” is a defense against copyright infringement, and not a license to copy, or use, copyrighted materials outright.) The four factors are as follows:

1. The purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes;

2. The nature of the copyrighted work, whether it is published or unpublished*

*For the purposes of the internet, any work by an author that is original, dated, and uploaded, marked herein with Common Law Copyright, is considered protected by the Author’s Common Law Copyright. (It does not have to be produced by a publishing company or physically self-published by an author.)

3. The amount of the work to be used (i.e., copied, reproduced, quoted, etc.) in relation to the copyrighted work itself in whole; such as using a poem in its entirety, or using one entire chapter from a book;

4. The effect of the use upon the potential market for an author’s copyrighted work. 

Consequently, it is best to contact the Site via email at vince@drvincegil.com to clarify any potential errors of omission or commission regarding use of copyrighted material, and to request permission if in doubt. If for educational purposes, please contact the appropriate offices at your educational institution for further directions and/or need for authorizations.

Anyone over 18 can access the Site. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the available Content to which you have properly gained/been granted access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Disclaimer: No Personal Advice Given

The information contained in or made available through this Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, or psychiatric matters. Such also applies to clerical or religious counseling. 

You should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis, psychological, psychiatric, or medical attention. We and any Third-Party websites linked herein, and suppliers, make no representations or warranties concerning any treatment, psychological, psychiatric, or medical; or application of any medication or preparation by any person following the information offered or provided within or through this Site.

You should consult clergy or a trained pastoral counselor for spiritual advice related to any matter of concern discussed in this Site, if in fact it is distressing to you. 

We do not offer personal or other counseling, referrals, or advice through this site, spiritual or psychological or social. 

Consequently, neither we nor our Third-Party partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from using this Site, including but not limited to economic loss, injury, illness or death.

Disclaimer: No Warranties

Your use of this Site and any Products is entirely at your discretion, as the Site and our Products are provided on an “as is” and “as available” basis. We do not make any expressed or implied warranties or representations relating to the Site, its Content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any expressed or implied warranties or representations that the Site will operate without error; or that the Site, the servers relied on, our Products and any Content is free from computer viruses or other potentially harmful or destructive features. 

Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.

Your use of this Site acknowledges that the materials (“Content”) in this site express opinion(s) of the writer(s), and owner, and do not necessarily represent the institutions (religious or secular) and organizations (religious or secular) where these serve, or with whom they affiliate. You acknowledge by using this Site that any discrepancies with themed statements from such institutions or organizations are matters of opinion, and should not be taken to mean faith, dogma, or doctrinal errors are being committed by writer(s) and owner of the Site. You also acknowledge that all theology and hermeneutics are humanly curated, and as such, subject to differences of interpretation and opinion.

Disclaimer: Submissions

You acknowledge and agree that any questions, comments, book reviews, suggestions, ideas, feedback, or other information regarding the Site or its Contents ("Submissions") provided by you to us through any medium are non-confidential, and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to their unrestricted use, non-substantive edits, and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. 

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions, whether these be solicited or unsolicited, involve their use or non-use.

Disclaimer: Testimonials

This website may contain testimonials by users of our Products. Each testimonial reflects solely the personal view, opinion or experience of the individual providing the testimonial and does not reflect our views or opinions. You should not rely on any testimonial as indicative of a certain result or outcome. We do not claim, nor should you assume that your use of our Products will lead to the same result or outcome. We also do not independently verify, nor can we guarantee the accuracy of any information provided in such testimonials.

Except for correcting spelling and grammatical errors, each testimonial appears verbatim as we have received it. We do not pay or provide any form of compensation to individuals for providing testimonials.

Third Party Websites and Content

The Site may contain links (or you may be sent via the Site) to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, video, information, or other content or items belonging to or originating from third parties ("Third-Party Content"). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  This applies most specifically to books purchased through Third-Party links via Amazon.com, Barnes&Noble.com, or Wipf&Stock.com, books which are authored by the owner of this Site.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any monetary losses, or harm caused by your purchase of such products or services. 

Additionally, you shall hold us harmless from any losses or harm caused to you, relating to, or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Terms and Termination

These Terms of Use shall remain in full force and effect while you use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the site or delete any content or information that you sent us at any time, without warning, at our sole discretion. 

In addition to terminating or suspending participation, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will we or any of our or Suppliers or Third-Parties be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Site, or any products or services provided pursuant to the Site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. Under no circumstance will we be liable for any losses, damages, or causes of action, personal or emotional turmoil arising out of, or in connection with, the use of this Site.

General Disclaimer

You agree that your use of the site and our services will be at your sole risk. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our Third Parties, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by you or any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other entity named in the Site with whom you connected because of the Site. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision. 

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. 

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Contact Us: 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:  vince@drvincegil.com.