Terms of Service | First Consilium

EFFECTIVE DATE: September 19th, 2023

About This Agreement Welcome to the firstconsilium.com website. It’s essential for users like you to be aware of your rights and obligations when using our platform. Please read the following terms carefully:

We prioritize your privacy. Please refer to our Privacy Policy for details. By seeking information, accepting terms, or submitting details, you give consent to FirstConsilium.com and our affiliates to contact you. (Section 2) FirstConsilium.com is not liable for user actions and does not provide warranties regarding our site. (Section 10) In case of disagreements, you agree to arbitrate individually. (Section 14) For questions or clarifications, please reach out to us.

About These Terms of Use firstconsilium.com (“firstconsilium.com”, “we”, “us”, or “our”) operates this website. By accessing or using this website or any of its content, you acknowledge and agree to the following terms and conditions (the “Terms”). This is a legal agreement between you and FirstConsilium.com.

You guarantee that you’re authorized to enter into this agreement and that your usage of our website complies with applicable laws. If accessing this site on behalf of another entity, you affirm your authority to bind said entity to these terms. You must reside in the United States and be at least 18 to access this site.

If these Terms are not agreeable, you’re not authorized to use firstconsilium.com. Please stop all usage immediately.

Our range of services may sometimes come with additional terms. If there’s a conflict between these Terms and the additional terms, the latter takes precedence.

Dispute Resolution Notice: These Terms contain provisions governing dispute resolutions between you and FirstConsilium.com, including an agreement to arbitrate. This will require binding arbitration for any claims against us and limits such claims to an individual basis.

Consent and Privacy By making any form of submission on our site, you agree to the terms of that submission. You consent to share this inquiry with third parties and affiliates associated with FirstConsilium.com. By sharing your phone number and email, you permit FirstConsilium.com and relevant third parties to contact you via these channels.

While your consent facilitates our service provision, it’s not mandatory for purchasing or accessing our services. Standard message and data rates may apply for text messages.

You affirm the accuracy of your provided information. By submitting details on insurance forms or similar interfaces, you empower us to share this with third parties to complete your inquiry.

Using our site implies your consent to add your contact details to our database. FirstConsilium.com and our affiliates may send you promotional messages. However, you have the option to opt out of such communications. Kindly refer to our Privacy Policy for more on our data handling practices and opt-out procedures. Your interaction with our site signifies your agreement with our Privacy Policy.

Note: Our records may document your digital engagements with our site. We may employ external services for compliance checks.

Our Services Disclaimer: Please note that FirstConsilium.com is not an insurance company. We do not offer medical services, health care, insurance, or Medicare plans. Our platform serves as a connection hub, linking Providers with insurance and related opportunities to interested consumers, termed “Prospects”. We’re not responsible for the products and services presented on our platform, but act as a facilitator between Prospects and Providers.

Role & Limitations: We don’t partake in transactions between Prospects and Providers. While we collect and share Prospect data, termed “Lead”, with Providers, we are not liable for service-related issues such as quoting insurance, coverage specifics, or payment concerns. These matters are the exclusive domain of the participating users. Provider Interactions: We don’t endorse or guarantee any Provider, nor can we assure that they will engage with any Prospect. It’s also possible that Providers may require additional information from you before presenting offers or quotes. Compensation: FirstConsilium.com may receive compensation from Providers for advertising their services or when you complete a form. However, we don’t influence the offers you receive. Our site and the opportunities therein may not be accessible in all states, and availability may change without notice. We don’t guarantee any specific insurance terms or conditions with any Provider. Identity Verification: Providers might seek essential details, such as your name, Social Security Number, address, or birth date, to combat identity theft and ensure compliance with anti-terrorism and anti-money laundering regulations.

Personal Use Accessing the public segments of our site is free for users. We offer a limited, non-exclusive license to browse and make legitimate inquiries regarding our services. Providers are granted a similar license to access certain parts of the platform. However, data mining, use of robots or spiders, and any form of site duplication or modification without our express consent is prohibited.

Proprietary Rights FirstConsilium.com and its content are protected under U.S. and international copyright laws. You are permitted to use the site content solely for personal, non-commercial purposes. Any other use, especially copying, storing, or reproducing, requires our express written permission. All trademarks, logos, and domain names on FirstConsilium.com are our exclusive property.

Unauthorized Use You are expressly forbidden from:

Copying or reproducing any part of the site’s content without our consent. Replicating or modifying any section of our platform. Posting misleading, harmful, or illegal content. Misusing the platform in any manner that jeopardizes its function or infringes on copyrights. Using the platform to spread malware or engage in cyber-attacks. Misrepresenting the origin of any information shared on the site.

Violation of these terms may result in immediate termination of your access to FirstConsilium.com.

Changes to Site. We may change, remove, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
Data Transmittal. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
Identity Verification. User verification on the Internet is difficult, and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER FirstConsilium.com NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH FirstConsilium.com AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
Limitation of Liability. IN NO EVENT WILL FirstConsilium.com, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “FirstConsilium.com GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN PROVIDERS AND PROSPECTS OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE FirstConsilium.com GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF FirstConsilium.com, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR INCONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.

Disclaimer of Warranties. The Sites and the service, including all content, software, functions, services, materials, and information made available on or accessed through the Sites or the service, are provided “as is.” We expressly disclaim all express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, completeness, and accuracy. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the Sites or the services, materials, information, and functions made accessible by the software used on or accessed through the Sites or the service, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the Sites or any linked site. We do not warrant that the functions contained in the Sites or any services, materials, or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Release. In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between any Provider and Prospect regarding any transaction), you hereby agree to release, remise and forever discharge the site and each member of the FirstConsilium.com, each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Sites or the service. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
Indemnity. You hereby agree to indemnify, defend and hold the Site and each member of FirstConsilium.com (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Sites (including, without limitation, any dispute between a provider and prospect regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. FirstConsilium.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FirstConsilium.com.
Dispute Resolution. Arbitration:

Should a dispute arise between you and us or regarding data you submit, the matter will be resolved through arbitration under the rules of the American Arbitration Association. Decisions from this process are final and enforceable in appropriate courts. If a third-party data purchaser is involved, arbitration will occur at a location suitable for you; otherwise, it will be in New Port Richey, FL. Opting out of arbitration is possible by providing written notice within 30 days of submitting the related data.

Class-Action Waiver:

You agree not to participate in class action lawsuits or similar actions against us or our affiliates. If this agreement is breached, you’ll cover the legal costs incurred in halting such actions. Any third-party data purchaser may enforce these terms. If this waiver becomes unenforceable, the entire arbitration agreement is nullified.

Forum for Non-Arbitrated Disputes:

If arbitration is not possible, disputes will be handled in courts located in New Port Richey, FL. The prevailing party in any legal action can reclaim reasonable legal fees from the other party.

No Agency. Your relationship with us is as an independent party. No other relationships, such as partnerships or employment, are implied.
Notices. Formal notices must be sent via certified postal mail to our provided address. We may communicate with you through email or postal mail, with specific parameters set for the effectiveness of such communications.
Amendments. We reserve the right to modify these terms at any time. Changes are effective immediately upon posting. Continued use after changes indicates agreement to the updated terms. Regularly reviewing the “last updated” date will help you stay informed.
Copyright Infringement. As The Palermo Group asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party Content on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail):

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit The Palermo Group to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Palermo Group’s designated Copyright Agent to receive notifications of claimed infringement:

The Palermo Group – Copyright Agent 4829 Onyx Ln New Port Richey, FL 34652

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to The Palermo Group’s customer service at marketing@thepalermogroup.com.

Links to Third-Party Sites. This Site may contain links and pointers to other Internet sites that are not owned or controlled by The Palermo Group. The Palermo Group has no control over, and assumes no responsibility for the products, services, content, privacy policies, or practices of any third-party website or application. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents, products, or services thereof. You expressly relieve The Palermo Group from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and Privacy Policy of each website or application that you access or use.
Miscellaneous. Choice of Law

These Terms shall be treated as though they were executed and performed in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the United States of America and the State of Missouri without regard to conflict of law principles.

Other Terms

We may immediately and in our sole discretion terminate any user’s access to or use of the Site due to such user’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Any claim or cause of action you may have hereunder or with respect to your use of the Sites or the Service must be commenced within one (1) year after the claim or cause of action first arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Except for Sections 12, 13, and 14 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; The Palermo Group may assign or delegate these Terms in whole or in part.

Disclaimer of Warranties. The Sites and the service, including all content, software, functions, services, materials, and information made available on or accessed through the Sites or the service, are provided “as is.” We expressly disclaim all express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, completeness, and accuracy. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the Sites or the services, materials, information, and functions made accessible by the software used on or accessed through the Sites or the service, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the Sites or any linked site. We do not warrant that the functions contained in the Sites or any services, materials, or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Release. In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between any Provider and Prospect regarding any transaction), you hereby agree to release, remise and forever discharge the site and each member of the FirstConsilium.com Group, each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Sites or the service. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
Indemnity. You hereby agree to indemnify, defend and hold the Site and each member of the FirstConsilium.com Group (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Sites (including, without limitation, any dispute between a provider and prospect regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. FirstConsilium.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of FirstConsilium.com.
Dispute Resolution. Arbitration:

Class-Action Waiver:

Forum for Non-Arbitrated Disputes:

If arbitration is not possible, disputes will be handled in courts located in New Port Richey, FL. The prevailing party in any legal action can reclaim reasonable legal fees from the other party.

No Agency. Your relationship with us is as an independent party. No other relationships, such as partnerships or employment, are implied.

Notices. Formal notices must be sent

via certified postal mail to our provided address. We may communicate with you through email or postal mail, with specific parameters set for the effectiveness of such communications.

Amendments.
We reserve the right to modify these terms at any time. Changes are effective immediately upon posting. Continued use after changes indicates agreement to the updated terms. Regularly reviewing the “last updated” date will help you stay informed.

Copyright Infringement.
As First Consilium asks others to respect its intellectual property rights, it respects the intellectual property rights of others and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party Content on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit First Consilium to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
First Consilium’s designated Copyright Agent to receive notifications of claimed infringement:

First Consilium – Copyright Agent
[Address]

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to First Consilium’s customer service.

Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites that are not owned or controlled by First Consilium. First Consilium has no control over, and assumes no responsibility for the products, services, content, privacy policies, or practices of any third-party website or application. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents, products, or services thereof. You expressly relieve First Consilium from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and Privacy Policy of each website or application that you access or use.

Miscellaneous.
Choice of Law

Other Terms

We may immediately and in our sole discretion terminate any user’s access to or use of the Site due to such user’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Any claim or cause of action you may have hereunder or with respect to your use of the Sites or the Service must be commenced within one (1) year after the claim or cause of action first arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Except for Sections 12, 13, and 14 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; First Consilium may assign or delegate these Terms in whole or in part.

Your Record of These Terms

We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.