This Agreement shall become effective when User accesses Site and/or utilizes Company Services and will remain in effect so long as the User utilizes Company Services.
VIOLATIONS: In the event that User breaches any Terms set forth in this Agreement, Company may cancel User’s access to the Site and Company’ services without notice or refund. Company shall have the right to immediately terminate User’s Account in the event of any conduct by User which Company, in its sole discretion, considers to be unacceptable.Company reserves the right to seek all legal remedies available in event of such breaches to the Terms set forth in this agreement.
SITE CONDUCT: User shall use the Site for lawful purposes only. User shall not transmit through the Site, or social media channels used by Company for marketing purposes, including but not limited to Facebook, Instagram Youtube or Linkedin, any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Company’ discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted. User shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
As a condition of User’s use of the Site, User warrants that they will not use the Site or any of the resources available for download for any purpose that is unlawful or prohibited by these Terms. User may not use the Site or any of the resources available for download from the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. No part of the Company’ materials may be reproduced on any bulletin boards, websites, online chat-rooms or any other means of communication without express written consent of the Company management. Sharing of passwords and accounts is strictly prohibited. Company’ materials are designed to be accessed online only, and all printing of materials are strictly prohibited. Further, User may not use any meta-tags or any other “hidden text” utilizing Company’ name or trademarks without the prior written consent of Company. Failure to comply with these prohibitions will result in automatic termination of account services without notice or refund and Company reserves the right to seek all legal remedies available in law and equity for such breaches.
SITE CONTENT AND PROFESSIONAL ADVICE/MATERIALS: The information contained on this Site and the resources available for download, transmission or view through this Site should not be solely relied upon for professional advice. Given the individual circumstances of each User, the Company expressly recommends that you seek direct professional legal advice through the Company’s comprehensive Services. Neither the Company nor any of its consultants, employees or other representatives shall be held liable or responsible for any errors or omissions on the Site or for any damage the User may suffer as a result of failing to seek competent advice from a professional who is familiar with the unique circumstances of the User. Further, the Company may work with other partners and affiliates. It remains the User’s personal responsibility to investigate whether any partners or affiliates of the Company are the ideal fit for their needs. Moreover, the Site contains testimonials by past clients. The testimonials are actual statements made by clients which have been truthfully depicted on this Site. The results of the clients, however, are not necessarily typical, and the User should recognize that each claim is unique and that the listed testimonials are not a guarantee of results for any services provided by the Company for any claimant. Except as otherwise provided, the User acknowledges and agrees that they have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content available on the Site or provided to the User by the Company in any manner. User agrees that the downloaded content may only be used by the User for their personal use and may not be sold or redistributed without the express written consent of the Company.
USER PASSWORD AND SECURITY: User who enrolls with Company through the Site must complete the full Company registration process to initiate online account membership by providing Company with current, complete and accurate information. All Users of Company are encouraged to register through the Site to utilize the Company services. Company reserves the right to store all Users information and User materials on Site database for internal use only. The Site is designed to recognize the User by name and functions to grant access to services and applications through the details provided by the User. User is entirely responsible for maintaining the confidentiality of their account and password and for restricting access to Company’ materials to anyone other than themselves. User agrees to accept responsibility for all activities that occur under User’s account or password. User agrees to notify Company immediately of any unauthorized use of User’s account or any other breach of security. Company will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Company or third party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder. Company reserves the right to disable any user name, password or other identifier, whether chosen by User or provided by the Company, at any time in the Company’s sole discretion for any or no reason, including if, in the Company’s opinion, the User has violated any provision of these Terms.
ACCOUNT CONFIDENTIALITY: The Company does not aim to sell, rent, lease or otherwise transfer any personal User information collected whether automatically or through User’s voluntary action on the Site. Company highly discourages Users from transmitting any sensitive data including but not limited to emailing or drafting and uploading documents with bank information, social security or passport identification information or other personal confidential information. The Company may disclose User’s personal information to a third party, including a lawyer or collection agency, when necessary to enforce the Company’s terms of service or any other agreement between User and the Company. Further, the Company may provide User’s general (not confidential) information to any successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s asserts and/or business. The Company may disclose User’s information when legally compelled to do so when the law requires or for the protection of the Company’s legal rights or when compelled by a court or other governmental entity. The Company may contact User after completion of services to inquire into admissions results or solicit a testimonial for Company experience. Successful admissions may be used for advertising purposes or guidance for future Users of the Site or Company materials. Identifying information will never be used, without consent of the User. Further, the Company is committed to keeping User’s e-mail address confidential when User corresponds with the Company members. The Company will not sell, rent, or lease emails of clients to third parties. The Company will maintain the information User sends via e-mail in accordance with applicable federal law. In compliance with the CAN-SPAM Act, all e-mails sent from the Company will clearly state who the e-mail is from and provide clear information on how to contact the sender.
COMMUNICATION: Visiting the Site or sending emails to the Company constitutes electronic communications. User consents to receive electronic communications and User agrees that all agreements, notices, disclosures, and other communications that Company provided to User electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. User agrees to use the communication services only to post, send and receive messages and material that are proper and related to the particular purpose. User agrees never to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of othersThe Company has no obligation to monitor the communication services on the Site. However, the Company reserves the right to review materials posted and to remove any materials in its sole discretion. The Company reserves the right to terminate access to any or all of the communication services at any time without notice for any reason whatsoever.
DATA COLLECTION: The Company uses information User provides to deliver high-level product and/or service offerings and improve Company’s overall performance and Site. As the User navigates through the Site, the Company may use automatic data collection technologies including Google Analytics to collect certain information browsing actions and patterns. This will generally include information regarding User’s location, traffic pattern through the Company’s Site, and any communications between User’s computer (IP address, browser type) and the Site. The information Company collects automatically is used for statistical data and will not include personal information. The Company utilizes a standard technology called “cookies” and server logs to collect information regarding how Site is utilized. Information gathered through cookies and server logs can include the date and time of visits, the pages viewed, time spent at our site, as well as User’s IP address. User may opt out of any future communication from Company at any time by contacting Company via telephone or email.
FEE PROCESS & REFUND POLICY: User will be charged a standard consultation fee ($250) by Company for the services of the VA Accredited Representatives to file User’s initial claim. User is additionally responsible for processing, shipping, and handling fees of private medical records sent to the Company. User can pay for Company services by Bank Transfer, Personal Check, Money Order, Credit/Debit Card, or Cashier Check. Consultation fee and additional administrative costs associated with the claim are non-refundable. User is not responsible for additional fees until the claim is processed and the award granted. Should User decide to withdraw before resolution of claim or change representation at any point during the claim process, User must pay the hourly rate ($350) for services rendered. Once User is notified by VA of the final award, User has five (5) days to make payment to the Company of the pre-arranged contingency fee of the back pay awarded. Any delay in transfer of payment will result in User being assessed a delinquency fee and required to pay costs associated with fee collection and legal proceedings. Pre-arranged fee is dependent on the complexity of the case and will be determined by User and Company and bound by a legal contract signed by User and Company. User agrees to work with and compensate Company in good faith should there be any mistakes or errors made during the transfer of final payment. Company does not provide loans or referral fees for any referrals made for Company Services.
SERVICES DISCLAIMER: Upon registering with Company, User will be assigned, at the sole determination of the Company, a VA Accredited Representative. In determining the User’s claim, the assigned VA accredited Representative will create and solely execute the strategy best suited to ensure the most favorable outcome of claim. During claim development, User must agree to continue medical treatments and attend consultations with Company physicians. User agrees to be honest and provide true facts for the claim, and if dishonesty, fraud, or other act of moral turpitude is discovered, Company can terminate Services. If User acts on Company premises, online, in court, or otherwise in a manner that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, Company reserves the right to terminate Services. At each level of the claim process, Company has the right, within the rules of professional conduct, to withdraw from representation of the User. If the Company cannot directly contact User for a period of ninety (90) days, Company reserves the right to terminate Services. Each additional claim will be considered a new claim and may be subject to a new fee arrangement. In executing Services, Company reserves the right to engage in reasonable communications and retain the services of third parties if in the best interest of the claim. Should the VA laws change, Company cannot be held liable for delays or procedural changes in the claim process. Company reserves the right to destroy User’s personal records if User does not claim their personal records one (1) calendar year from the date of conclusion of Company Services.
DISCLAIMER OF WARRANTIES: The information, services, products and materials contained in or described on this Site are provided by company “as is.” Company makes no, and hereby disclaims, all representations or warranties of any kind, express or implied as to the operation of the Site, information, content, materials, services or products referenced on this Site, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, implied warranties arising from course of dealing or course of performance, or warranties that defects will be corrected or that the Site or the server that makes it available will be free of viruses or other harmful components. In addition, although Company believes all information accessible on or via the Site to be accurate as of the time of its publication, Company cannot, and does not, represent, guarantee or warrant that the information accessible on or via the Site is accurate, complete, or current, and company is not responsible for any errors or omissions therein, or results obtained from using such information.
LIMITATION OF LIABILITY: Company will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, and consequential damages, even if company has been previously advised of the possibility of such damages, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the Site, the system or any information, services, products and materials available on or via this Site. Under no circumstance will Company be held liable for any loss or damage caused by a user’s reliance on information obtained through the Site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Company is not liable for the defamatory, offensive or illegal conduct of other users, employees, or third-parties and that the risk of injury from the foregoing rests entirely with User. User hereby acknowledges that the provisions of this section shall apply to all content on the Site. If User is dissatisfied with any portion of the Site, or with any of these Terms User’s sole and exclusive remedy is to discontinue using the Site and services.
LINKS TO THIRD PARTY SITES: Certain links of third parties on Site will lead User to leave the Site. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for webcasting or any other form of transmission received from any linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Site.
INDEMNITY: The User agrees to defend, indemnify and hold Company, and its affiliates, managers, members, officers, employees, agents and other representatives harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of Company services, User’s use of this Site, User’s violation of the Terms, or User’s violation of any rights of a third party.
GENERAL DISCLAIMER: Company is in no way affiliated with, sponsored by, or endorsed by the Department of Veteran Affairs (“VA”) or any other veteran related association, organization or body. All of the material and content contained within Company’ Site is in no way representative of opinions taken by the VA or any of its affiliates. All of the material contained within the Site is solely the opinions, writing, and work of the Company. While Company believes that its Services will significantly increase the chances at a favorable outcome of the User’s claim application to the VA, Company in no way guarantees outright success on any claim. Company will not be held accountable or compensate the User or affiliated parties for any liability related to not receiving full disability benefits any possible lost wages as a result of this outcome that may be incurred as a result of using the Site or Services. Site is not intended to be a source of advertising, solicitation of legal advice. Use of the Site including content, resources, and suggestions does not in any way create a Professional-Client Relationship between User and Company. User must register, sign a legal contract, and pay for legal Services to create a Professional-Client Relationship with Company.
TECHNICAL ACCESS: Company intends the Site to be available 24-hours per day, 7 days per week. In the event the Site should become unavailable temporarily, or access to the Site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may, from time to time, make the Site inaccessible for Users, Company will not be liable for damages or refunds that result from such unexpected delays.
PROPRIETARY RIGHTS: Unless otherwise indicated, all content on this Site, including but not limited to designs, text, graphics, logos, button icons, images, data compilations, software, and the overall “look and feel” of the Site; any improvements or modifications to such content; and any derivative works based on the foregoing are proprietary to Company, and are protected by applicable intellectual property laws. The collection, arrangement and assembly of the content on the Site are the exclusive property of the Company and are likewise protected by applicable intellectual property laws. The User will not be granted ownership of any of Company’ material or services but will be allowed exclusive access to material purchased and memorialized by contractual agreement with Company.
TRADEMARKS: Company name, the Company Logo, Company Slogan, and related materials and graphics on the Site are trademarks owned by Company, LLP (“Company Trademarks”). Use of the Company Trademarks in connection with any product or service that does not belong to Company, or in any manner that is likely to cause confusion among users about whether Company are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits Company is strictly prohibited.
UPDATING TERMS: The material appearing on Company’ Site may include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its Site are accurate, complete, or current. Company may make changes to the materials contained on its Site at any time without notice. Company reserves the right to, at any time, modify, revise or update the Site or these Terms, and the User agrees to be bound by such modifications, revisions or updates. User should periodically check these Terms to be acquainted with any such modifications, revisions and updates. User’s continued use of this Site and Company Services constitutes an acceptance of any modifications, revisions or updates to the Terms, all of which shall become effective. The Company encourages User to periodically review the Terms to stay informed of Company updates.
CHOICE OF LAW: The material provided on this Site is protected by law. To the extent that User attempts to assert any claim against Company, User hereby expressly agrees to present such claim only through binding arbitration in Los Angeles, California. User agrees to hereby conduct an arbitration related solely to any individual claims User and/or any entity related to User asserts against the Company. To the fullest extent permissible by law, User further agrees that they shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. In the event of decision rendered against Company, damages cannot exceed the contract price. Further, the failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by arbitration to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT: Any rights not expressly granted herein are reserved. These Terms constitute the entire agreement between the User and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be interpreted through its plain and literal meaning and shall be construed in accordance with the laws of the State of California.
HEADINGS: The section headings used herein are for convenience only and shall not be given any legal import.
If User has any questions regarding the Terms, User should contact the Company at email@example.com or call (855) 478-8111.
Effective as of May 25, 2020