Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting Vanguard Survival, LLC’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, Vanguard Survival, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws of the United States and the state of Colorado. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Vanguard Survival, LLC is committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The Congress of the United States and the Legislature of the state of Colorado have created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Customer records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities under Court Order. Customers have the right to request sight of, and copies of any and all Customer Records we keep, on the provision that we are given reasonable notice of such a request. Customers are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Customers with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Vanguard Survival, LLC:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Vanguard Survival, LLC of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Cash or Personal Checks, all major Credit/Debit Cards, or PayPal are all acceptable methods of payment.
- Our Terms for Classes are: Non-Refundable Deposit of 10% on all classes must be paid at the time class(s) are booked with balance due no later than the start of class(s).
- Terms for products are: All products ordered through our store must be paid in full prior to items being shipped.
- All goods remain the property of the Company until paid for in full.
- We reserve the right to seek recovery of any monies remaining unpaid forty-five (45) days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs as allowed by law.
All returned checks will incur a $30.00 charge or the maximum allowed by law (whichever is higher) to cover banking fees and administrative costs. In an instance of a second Returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash or credit/debit card transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 3 day notice of cancellation required for all classes. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a cancellation charge, not to exceed the 10% deposit on classes, to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Customer and Vanguard Survival, LLC have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services shall be refunded.
Customers may return any product for any reason, at their expense, without prior notice, for a full refund, provided said product is unopened and in its original packaging. Opened products, those with missing components (provided that was not the reason for the return), or products that do not include their original packaging will be subject to a 15% restocking fee. Products that are defective through no fault of Vanguard Survival, LLC will be returned to the manufacturer at our cost and either repaired or replaced at the manufacturer’s discretion.
Unless otherwise stated, the classes and Mobile Training Teams featured on this website are only available within the Lower 48 states of the United States at this time, or in relation to postings from the United States. All advertising is intended primarily for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this website you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and Vanguard Survival, LLC should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers
This company is a registered, Limited Liability Corporation in the United States and the State of Colorado located at:11422 County Road 1 Florissant, CO 80816 719-650-6189
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of the United States and the State of Colorado govern these terms and conditions. By accessing this website, ordering any product or class(s) from Vanguard Survival, LLC you consent to these terms and conditions and to the exclusive jurisdiction of the courts in the State of Colorado in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTER Their subsidiaries, agents, and assigns: You are prohibited from accessing this site
Legal Notice to PicScout, http://www.picscout.com/ ,Getty Images, http://www.gettyimages.com/ trading as: GYI , all other customers of PicScout, and Cyveillance Intelligence Center http://www.cyveillance.com/, and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing Vanguard Survival, LLC, www.vanguardsurvival.com
1: Permission for the copyright scanning robot program known as picscout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Colorado.
2: Most of the photos here were taken by our own cameras or are open source; All videos that appear on www.vanguardsurvival.com our Facebook page, Google+ profile, and our YouTube Channel were made by Vanguard Survival, LLC for the sole use of Vanguard Survival, LLC and our customers . All photo, video, and audio content on Vanguard Survival, LLC is licensed for all noncommercial reproduction with attribution to Vanguard Survival, LLC EXCEPT by any law enforcement agency, Getty Images, PicScout, and Cyveillance Intelligence Center or any of their subsidiaries, agents, or assigns; or by any other corporation that has at least once filed a copyright infringement lawsuit against one or more online users of their content. Use of any original Vanguard Survival, LLC story, photo, audio, or video recording for any purpose, by any entity which is a plaintiff in a copyright infringement case is hereby prohibited.
3: Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a Vanguard Survival, LLC camera for any purpose.These photos are released for noncommercial use to the general public with attribution to Vanguard Survival, LLC, our agents, or assigns; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.
Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices
We regard Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns as entities engaged in extortion. As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notification(s). Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of $25,000 US per violation of our Terms of Service concerning image scanning robots.
Notification of Changes
These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Updated on July 10th, 2014
© Vanguard Survival, LLC 2014 All Rights Reserved