Terms & Conditions

Please read these Terms and Conditions carefully before using the www.vetsguardian.com website, all pages within this website, and all subdomains of this website (collectively, the “Website”) which is operated by Veterans Guardian (“Veterans Guardian,” “us,” “we,” or “our”).

The terms “You” and “Your” refer to the person accessing this Website and accepting Veterans Guardian Terms and Conditions. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

You agree to be bound by these Terms by accessing or using the Website. If you disagree with any part of the terms, do not access the Website.

DOMINION

These Terms and Conditions are effective for this Website solely. Our Website may contain links to third-party websites or services not owned or controlled by Veterans Guardian. We have no control over and assume no responsibility for the content, privacy policies, practices, products, advertising, user agreements, or any other information of other websites or services. You further acknowledge and agree that Veterans Guardian shall not be responsible or liable, directly or indirectly, for losses or damages purportedly sustained in connection with the use of, or reliance on, any such content, goods, or services available on or through any such websites or services.

RIGHTS AND RESTRICTIONS OF USE

You shall use the Website following the Terms and Conditions and the Privacy Policy. Access to this Website and its content is approved for personal use alone. You may not upload or transmit viruses or malicious materials to this Website. You may not violate local, state, federal, or international laws while accessing, using, or otherwise engaging with this Website. If you breach this restriction on using the Website, your access privileges may be immediately withdrawn, and you may be subject to prosecution and damages, resulting in severe civil and criminal penalties.

LIMITATION OF LIABILITY

We are not liable for any damages you sustain when using this Website. That includes direct, indirect, incidental, special, consequential, or punitive damages or any loss of profits, revenue, or income arising from your access due to the use of this Website. Without limiting the foregoing, everything on this Website is provided to you ‘as is,’ with all faults, and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Note: Some jurisdictions may not allow the exclusion of implied warranties. As such, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding excluding implied warranties.

We do not warrant that any operations on this Website will be unbroken, defect-free or that our server is free of viruses and otherwise damaging components. You assume the total costs of any necessary repairs or corrections to your system that may result from using our Website.

You shall indemnify and hold harmless Veterans Guardian, its officers, employees, legal representatives, licensors and agents, predecessors, successors, and assigns from and against all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses relating to or arising from your use of and connection to the Website, your breach of these Terms and Conditions, or your violation of any rights of another person.

Your consent to waive rights regarding claims of material damage concerning the use of this Website that may be unknown or unsuspected by you at this time is implicated by your accessing of this Website.

Additionally, we do not warrant or guarantee any services provided by any third-party website.

SEVERABILITY

If any provision in these Terms and Conditions becomes illegal, invalid, or otherwise unenforceable, the remainder of these Terms and Conditions will continue to apply, and the illegal, invalid, or otherwise unenforceable provision will be reinterpreted and revised to the most similar result that is both legal and enforceable according to North Carolina law.

WAIVER

No waiver of any provision in these Terms and Conditions will be effective unless made in writing by Veterans Guardian. The failure of any party to require the performance of any term or condition, or the waiver by any party of any breach of these Terms and Conditions, will not prevent any subsequent enforcement of such term or condition or be deemed a waiver of any future breach of these Terms and Conditions.

All matters relating to the use of this Website or its content will be governed by the laws of the State of North Carolina without regard to principles of conﬂict of laws.

To the extent that you have violated these Terms and Conditions, including if you have violated or threatened to violate Veterans Guardian’s intellectual property rights, Veterans Guardian may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

DISPUTE RESOLUTION

If a dispute arises under these Terms or any other agreement with Veterans Guardian, we agree to resolve it with the help of a mutually agreed-upon mediator in the following location: Moore County, North Carolina. You consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

SERVICES

Veterans Guardian Provides Pre-Filing, and Post-Filing consulting services to assist clients in making decisions on the filing of VA benefit claims to maximize disability compensation for legitimate service-connected disabilities. Veterans Guardian is not a VA-accredited agent. Veterans Guardian is not the client’s representative to the VA and does not file claims or any other documents or responses with the VA on behalf of the client. The client is solely responsible for any and all submissions of claims, documents, or responses to the VA either as their representative or through a VA-accredited agent.

DEVELOPMENT OF EVIDENCE

Veterans Guardian can terminate our consulting agreement with you for any reason, including:

Veterans Guardian has reason to believe you are acting unethically to defraud the VA.
You fail to make timely payments on any payments due payable to Veterans Guardian.
For any other reason, at our sole discretion.

SCHEDULE OF FEES

Veterans Guardian does not charge any up-front evidence development or consulting fees. If you do not receive an increase in your VA disability rating/pay, you will not owe Veterans Guardian. However, after services are rendered, and the VA has awarded an increase in disability beneﬁts, you shall pay Veterans Guardian an agreed-upon fee.

If you do receive an increase, the contract stipulates that our standard fee will be equal to ﬁve (5) times the increase in your VA disability compensation. Please see the examples in the CSA for Fee Structure.

SHIPPING

Documents prepared by Veterans Guardian may be shipped by USPS Priority or by any method deemed appropriate by Veterans Guardian. No shipping fee is charged to you. Veterans Guardian does not guarantee the estimated shipping or delivery date to any location.

The risk of loss passes to you upon delivery to the postal carrier. Veterans Guardian is not responsible for delays in delivery, damages, or events beyond its control, including floods, fire, strikes, civil disobedience, freight embargoes, or acts of public enemy, including acts of federal, state, or local government.

LIMITATIONS OF USE

You agree that services rendered by Veterans Guardian are conﬁdential and proprietary information and the property of Veterans Guardian. You agree that upon receiving services, you will not copy, distribute, resell, lend, lease, display, teach, or show these services to others. You agree that no one may use these services in any way not intended by Veterans Guardian, even if they cost nothing. These Terms and Conditions bind you by receiving services from Veterans Guardian. Any misuse of services or products rendered by Veterans Guardian, as deﬁned by these Terms and Conditions, will terminate our consulting agreement with you.

SMS TERMS AND CONDITIONS

Welcome to the Veterans Guardian SMS Marketing Program. This detailed document outlines the terms and conditions under which you may utilize our SMS services. By subscribing to receive our text messages, you are agreeing to these terms, which delineate your rights, responsibilities, and the nature of the services we provide. It is crucial for you to read, comprehend, and accept these stipulations as they frame the legal boundaries and operational guidelines of our SMS interactions.

OPTING OUT OF SMS MARKETING

To ensure that you have complete autonomy and control over your communication preferences with our SMS services, we have implemented a straightforward and transparent opt-out process. Below, you will find detailed instructions and support options to help you manage your preferences effectively:

Unsubscription Process

Initiating Opt-Out: At any time, you can choose to discontinue receiving SMS messages from us by simply texting “STOP” to the source number from which you have been receiving our communications. This is a standard procedure designed to be quick and user-friendly.
Immediate Removal: Upon receiving your “STOP” text, our system will automatically process your request and remove your number from our active messaging list without any delay. This ensures that you will no longer receive unwanted messages from us following your decision to opt out.

Confirmation of Opt-Out

Confirmation Message: After you send the “STOP” command, our system will send you a confirmation SMS to verify that your number has been successfully removed from our database.
Final Communication: This confirmation SMS serves as the final communication from our SMS service, affirming that you will no longer receive any future messages unless you choose to opt back in at a later date.

Assistance with Opting Out

Support Availability: We understand that you may encounter issues or have questions about the opt-out process. To ensure a smooth and hassle-free experience, our customer support team is available to provide assistance and answer any queries you might have.
Contacting Support: If you experience challenges during the opt-out process or need further clarification on how to manage your SMS communication preferences, please do not hesitate to reach us. You can contact our dedicated support team directly at 833-577-8387. Our team is committed to providing prompt and courteous service to resolve your concerns.

By providing a clear, user-friendly unsubscription process and readily available customer support, we aim to ensure that you have complete control over whether and how you receive SMS communications from us. Your satisfaction and comfort with our services are of paramount importance, and we are here to support your preferences regarding SMS marketing.

FEES AND CHARGES FOR SMS SERVICES

Understanding the cost implications of subscribing to our SMS services is crucial for maintaining transparency and ensuring you are well-informed. Here’s a detailed breakdown of potential fees and charges that may be associated with our SMS messaging service:

No Service Fees from Veterans Guardian

Direct Costs: Veterans Guardian does not charge any fees for sending SMS messages to your mobile device. Our service is offered at no direct cost to you as part of our commitment to accessible communication.
Standard Rates Apply: While we do not impose additional charges, it is important to note that standard message and data rates may apply to each SMS message sent or received as determined by your mobile carrier. These charges contribute to the data transmission and message delivery services provided by your mobile network operator.

Understanding Carrier Charges

Carrier-Imposed Fees: The actual cost of sending or receiving each SMS message is governed by your existing mobile phone service agreement. Your carrier’s standard messaging and data rates are applied according to the specific terms of your plan.
Review Your Mobile Plan: We strongly recommend that you review your mobile service plan or contact your carrier directly to understand the specific messaging and data rates that apply to your account. This will help you avoid any unexpected charges on your mobile bill.
Types of Charges: Depending on your mobile plan, you might be charged per text message or have a certain number of texts included in your plan at no additional cost. Data charges might also apply if your mobile device uses cellular data to receive messages when not connected to Wi-Fi.

Proactive Management of SMS Costs

Monitoring Usage: Keep track of your SMS usage, especially if your mobile plan includes limited texting or data usage. This can help prevent exceeding your plan limits and incurring extra charges.
Optimizing Plan Features: If you frequently exceed your plan’s limits due to SMS usage, consider contacting your carrier to discuss more cost-effective options that better suit your messaging needs, such as plans with unlimited texts or enhanced data allowances.

By providing these details, Veterans Guardian aims to ensure that all subscribers are fully aware of any potential costs associated with our SMS services and can manage their subscriptions according to their personal or financial preferences. If you have any questions regarding your carrier’s fees or need further assistance with understanding your mobile plan, our customer support team is here to help guide you through the process.

WARRANTIES AND SERVICE GUARANTEES

Veterans Guardian is committed to transparency regarding the warranties associated with our SMS services. Below, we detail the nature of the guarantees we provide, emphasizing the limits of these warranties to ensure you fully understand what to expect from our service.

As-Is and As-Available Basis

Service Provision: Our SMS service is offered “as is” and “as available.” This means that the service is provided with no additional warranties or guarantees beyond those explicitly stated. We strive to maintain a high standard of service reliability and accessibility; however, we do not guarantee that our service will be free from errors or interruptions.
No Performance Guarantees: We do not make any claims regarding the accuracy, reliability, or timeliness of the messages delivered through our SMS service. While we endeavor to deliver messages promptly and accurately, various factors, including network availability and carrier issues, may impact the delivery of SMS messages.

Disclaimers of Implied Warranties

General Disclaimers: Veterans Guardian expressly disclaims all implied warranties to the fullest extent allowed by law. This includes, but is not limited to, disclaimers of implied warranties of merchantability, fitness for a particular purpose, and non-infringement. By agreeing to use our service, you acknowledge that Veterans Guardian does not warrant that the SMS services will meet your specific requirements or expectations.
Merchantability and Fitness for a Particular Purpose: We do not warrant that the SMS services will be fit for particular purposes not expressly envisioned by this agreement. As such, the suitability of the service for certain tasks or its compatibility with third-party solutions should not be assumed.
Non-infringement: Furthermore, we do not guarantee that the use of our SMS services will not infringe on the rights of third parties. It is your responsibility to ensure that the content of your SMS communications complies with all applicable laws and respects all proprietary rights.

UNDERSTANDING THE SCOPE OF OUR WARRANTIES

These warranty disclaimers are not intended to deprive you of any warranties granted under the laws applicable to this agreement. Instead, they are meant to clarify the scope of what Veterans Guardian can realistically guarantee regarding its SMS services. If you have specific requirements or expectations from the SMS service, please consider whether our service aligns with your needs given the limitations outlined here.

By using Veterans Guardian’s SMS services, you acknowledge that you understand and agree to the service being provided on an “as is” and “as available” basis, accepting the terms laid out under these warranty conditions. If you have questions or need further clarification about these warranties, please contact our support team for detailed information and assistance.

LIMITATION OF LIABILITY

Veterans Guardian is committed to providing a high-quality SMS service, but it is important to understand the limitations of liability associated with the use of our service. This section outlines the scope of our accountability, specifying the types of damages covered and the financial limits on our liability.

Scope of Liability

Exclusion of Certain Damages: Veterans Guardian shall not be held liable for any indirect, incidental, punitive, special, or consequential damages resulting from your use of the SMS service. This limitation of liability applies regardless of the nature of the damages and whether the claim is based on contract, tort, negligence, strict liability, or any other basis.

Types of Damages

Comprehensive Damage Exclusions: The types of damages excluded under our policy include, but are not limited to:
- Loss of Profits: Any loss of actual or anticipated profits resulting from interruptions or inefficiencies in the SMS service.
- Goodwill: Damages relating to lost business opportunities or reputational harm that might be claimed as a result of service errors or downtimes.
- Loss of Data: Including damages related to data corruption, interception, or any unauthorized access to information sent via SMS.
- Intangible Losses: Other non-quantifiable losses such as inconvenience or loss of enjoyment.
Advisement of Potential Damages: This exclusion applies even if Veterans Guardian has been advised of the possibility of such damages, emphasizing the importance of considering this risk when choosing to use our SMS service.

Monetary Cap on Liability

Limit on Financial Liability: Our liability for any claims arising from your use of the SMS service, regardless of the form of action, will be limited to the total amount you have paid for the service during the period of your subscription. This cap is in place to ensure a balance between user recourse and our risk management.
Rationale Behind Monetary Cap: The cap on liability is designed to limit our exposure to potential large-scale damages claims, allowing us to offer the SMS service at an economically reasonable price. It also encourages users to manage risks that might be associated with their unique usage scenarios of our service.

Understanding Our Limitations

These limitations of liability are standard in the telecommunications industry and are acknowledged by you upon subscription to our service. They are intended to protect both parties by setting clear expectations about the potential risks and legal recourses available. We encourage you to carefully assess how these terms align with your business needs and legal obligations.

By continuing to use the Veterans Guardian SMS service, you agree to these limitations as reasonable and appropriate safeguards for managing potential liabilities associated with the service. If you have any concerns about these terms or need further explanations regarding our limitations of liability, please do not hesitate to contact our support team for more detailed assistance.

MESSAGE FREQUENCY

Understanding the frequency and timing of the SMS communications you receive from us is important for setting appropriate expectations. Here, we detail the regular cadence of our messages and outline our policies for adjusting these frequencies.

Expected Frequency of Messages

Communication Schedule: As a subscriber to Veterans Guardian’s SMS services, you can generally expect to receive messages in a cadence appropriate for providing timely status updates or requests for information. This frequency is designed to keep you adequately informed without overwhelming you with communications.

Adjustments to Message Frequency

Right to Modify Frequency: Veterans Guardian reserves the unilateral right to adjust the frequency of our SMS messages at any time. This flexibility allows us to respond to changing business needs, client feedback, and other operational considerations.

COMMITMENT TO COMMUNICATION BEST PRACTICES

At Veterans Guardian, we are committed to adhering to communication best practices by balancing the need to inform and engage with the need to respect your preferences and avoid message fatigue. Our goal is to provide you with control over the communications you receive while maintaining the flexibility needed to deliver service enhancements and respond to user needs effectively.

By subscribing to our SMS services, you acknowledge and agree to the expected message frequency and our right to adjust it as needed. We appreciate your understanding and continued engagement with our communications. If you have any questions about the message frequency or any other aspect of our SMS service, please contact our customer support team at the provided contact details.

GOVERNING LAW AND AMENDMENTS TO THE TERMS AND CONDITIONS

Governing Law

Jurisdiction: The terms and conditions of our SMS services are governed by the laws of the state or jurisdiction in which Veterans Guardian is headquartered. This means that any legal issues or disputes that arise under these terms will be interpreted in accordance with the laws of this jurisdiction.
Conflict of Law Principles: When interpreting these terms, we do not consider the conflict of law principles that might apply different legal rules. This ensures a consistent legal framework that governs our relationship with you, regardless of where you are located.

YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS

As a user of our SMS services, it is your responsibility to review any changes to our Terms and Conditions. Staying informed of these changes will help you understand your rights and obligations as they evolve over time. If you disagree with the updated terms, you have the right to discontinue using our services. If you need further clarification or assistance regarding our Terms and Conditions or any changes made to them, please feel free to contact our customer support team.

By subscribing to and continuing to use Veterans Guardian’s SMS services, you acknowledge that you have read, understood, and agreed to be legally bound by these terms and any amendments made to them. This understanding is crucial for maintaining a transparent and fair relationship with our service.

CONTACT INFORMATION

Should you have any questions or require assistance regarding the Terms and Conditions of our SMS service, or if you need help with any aspect of the Veterans Guardian SMS communications, our dedicated support team is ready to assist you. We are committed to providing exceptional customer support to ensure your experience with our service is positive and informed.

Contact Details: You can reach our support team by calling us directly at 833-577-8387. Our knowledgeable staff are available to provide detailed responses to your inquiries, guide you through any issues you may be experiencing, and offer comprehensive support tailored to your needs.
Availability: Our team is available during business hours to answer your calls and respond promptly to your concerns. Please do not hesitate to reach out; we are here to assist you.

CHANGES TO TERMS AND CONDITIONS

Veterans Guardian reserves the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is necessary, you will be notified via email or on this Website before any new terms take effect.

By continuing to access or use the Website or our services after those revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, please stop using the Website and our services.

Amendments to the Terms and Conditions

Right to Amend: Veterans Guardian reserves the right to modify or amend the Terms and Conditions of our SMS service at any time. Such changes could include alterations to the legal terms, changes in service policies, or adjustments to the protections and responsibilities of both parties.
Notification of Changes: Any updates to these terms will be communicated to you effectively. This notification may occur through direct postings on our website to ensure that all subscribers are aware of the changes. We commit to providing clear and timely information about any amendments to help you stay informed.
Effective Date of Changes: Changes to the Terms and Conditions become effective immediately upon their publication. This immediacy ensures that all interactions are governed by the most current set of terms, providing up-to-date guidelines and rules for both Veterans Guardian and our subscribers.
Acceptance of Revised Terms: By continuing to use the SMS services after changes to the Terms and Conditions have been posted, you implicitly agree to abide by the revised terms. This ongoing use after amendments signifies your acceptance of the new conditions and any legal implications they may carry.

You may contact us at:
marketing@vetsguardian.com
Veterans Guardian
75 Trotter Hills Cir
Pinehurst, NC 28374
833-577-8387