Last Updated: March 27, 2025
Acceptance of Terms
This Terms of Service ("Terms") is a legal agreement between you ("you" or "User") and James Pitts Consulting LLC ("Company," "we," "us," or "our") governing your access to and use of the James Pitts Consulting website (www.jamespittsconsulting.com) and the online course or membership content provided on a subscription basis ("Service"). By signing up for a subscription and using our Service, you agree to be bound by these Terms and our [Privacy Policy] (incorporated herein by reference). If you do not agree with these Terms or the [Privacy Policy], you must not register or use the Service. We may modify these Terms from time to time. If we make material changes, we will notify you by updating the "Last Updated" date above and, if appropriate, by additional notice (e.g., via email or through the website). Your continued use of the Service after changes to the Terms indicates your acceptance of those changes.
User Accounts and Eligibility
To use the subscription Service, you must create an account with accurate and complete information. You agree to provide your real name, a valid email address, and any other information requested during sign-up (such as information about your military service or VA status, which helps us tailor content). You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account. The Service is only available to individuals who are 18 years of age or older and are residents of the United States. By creating an account and subscribing, you represent and warrant that you meet these eligibility requirements. We reserve the right to suspend or terminate accounts that appear to be used by minors or non-U.S. residents.
Subscription Fees and Billing
By purchasing a subscription to our online course content, you agree to pay the recurring subscription fees as specified on our website for the plan you select (e.g.,monthly or annual billing). You must provide a valid payment method (such as a credit or debit card) to enroll in the subscription. We use Stripe as our third-party payment processor to handle all billing. By subscribing, you authorize us (and Stripe on our behalf) to charge your provided payment method the applicable subscription fee automatically at the beginning of each subscription period (and any applicable taxes) until you cancel the subscription. All fees are in U.S. dollars, and they are exclusive of any taxes or surcharges unless stated otherwise. You are responsible for any applicable taxes (e.g., sales tax) that might be charged in connection with the subscription. When you sign up, your first subscription charge will occur on the date of purchase (unless a free trial is offered, in which case charges begin after the trial period as described at sign-up). Thereafter, your subscription will renew and your payment method will be automatically charged on the renewal schedule (for example, each month on approximately the same date, or each year on the anniversary of your purchase date). Auto-Renewal: Subscriptions will automatically renew at the end of each billing period (monthly, annually, or as otherwise stated in your plan) unless and until you cancel. This means that if you have a monthly plan, it will renew each month, and if you have an annual plan, it will renew each year. You acknowledge and agree that we may process your recurring payments without further authorization from you, until you cancel your subscription or change your payment method. Payment Failures: If we are unable to successfully charge your provided payment method for any reason (for instance, if your card expires or has insufficient funds), we may attempt to charge your card again after a short interval. If the payment remains unsuccessful, we will notify you via email and may suspend or restrict your access to the Service until payment is received. It is your responsibility to ensure your payment information is current and accurate. You can update your billing information at any time through your account settings. TheCompany is not responsible for fees or penalties imposed by your financial institution (such as overdraft fees) if your account lacks sufficient funds at the time of the auto-renewal charge. Fee Changes: We reserve the right to adjust the subscription fees for our Service. If the price of your subscription is going to change, we will provide advance notice to you (for example, by email and/or by a notice on our site) at least 30 days before the change is set to take effect. The notice will indicate the new rate and when it will become effective. If you do not agree to the price change, you must cancel your subscription before the new price takes effect. Continuing to use the Service after the price change goes into effect will constitute your agreement to pay the updated fee.
Cancellation and Renewal
Your Right to Cancel: You may cancel your subscription at any time. You can do so by logging into your account settings on our website and following the instructions to cancel, or by contacting us at our support email with a cancellation request. To avoid being charged for the next billing period, you must cancel before your subscription auto-renews (e.g., at least 24 hours prior to the next renewal date for a monthly subscription). Once you cancel, your subscription will not auto-renew, and you will continue to have access to the course content until the end of the current paid period. No Prorated Refunds: When you cancel, the cancellation will become effective at the end of your current billing cycle. We do not offer refunds or credits for any unused portion of a subscription period. For example, if you are on a monthly plan and cancel in the middle of a month, you will retain access until the end of that month, but you will not receive a refund for the remaining days in that month. Similarly, if you cancel an annual plan early, you will keep access until the end of the year you paid for. (If a refund is required by law in certain circumstances, we will of course comply with applicable law.) Confirmation of Cancellation: After you cancel, we will send you an email confirming that your subscription will not renew. Please retain this confirmation for your records. If you do not receive a confirmation, please contact us to ensure your cancellation was processed. Reactivating: If you change your mind after cancellation, you may re-subscribe at any time, but note that the fees and terms in effect at the time of re-subscription will apply (which may differ from your old terms).
Course Access and License
While your subscription is active and paid, we grant you a limited, non-exclusive, non-transferable license to access and use the online course content and materials through our website for your personal, non-commercial educational purposes. This license is contingent on your continued compliance with these Terms and is only valid during your subscription period. Access Scope: As a subscriber, you may stream or download (if explicitly allowed) the course materials for your personal use. You may not share your access with anyone who is not a paid subscriber. Accounts are intended for individual use; you are prohibited from sharing your username/password or otherwise allowing multiple people to access the content under one account. If we detect account sharing or misuse, we reserve the right to suspend or terminate your account. Content Updates: We may periodically add, remove, or update course content to keep information current or improve the Service. These updates are typically included as part of your subscription. We strive to ensure content quality and relevance, but we make no guarantee that any specific content will be available at any given time. All course content remains subject to our intellectual property rights as described below. Limited License: Except for the personal usage rights granted above, you have no other rights to the content. You agree not to reproduce, distribute, publicly display, or create derivative works from our course materials. The license to access the content is revocable by us at any time if you fail to comply with these Terms. If your subscription expires or is terminated (by you or by us), your license to access the subscriber-only content will end. After that point, you should delete any downloaded materials (if downloads were permitted) and you will no longer be authorized to access the course content.
Intellectual Property Rights
All content provided as part of the Service (including text, videos, images, graphics, design, software, and other materials) is the property of James Pitts Consulting LLC or its content providers and is protected by intellectual property laws (including copyright and trademark laws). James Pitts Consulting™ and our logo are trademarks or service marks of the Company. We grant you a limited right to use this content as described in the "Course Access and License" section above. This does not transfer any ownership to you. You must not remove any copyright or proprietary notices from the content. Any unauthorized use of the content (including copying, selling, or sharing it outside the scope of these Terms) is strictly prohibited and may result in termination of your access without refund and possible legal action. If you provide any feedback or suggestions to us regarding the Service or content, you agree that we may use, modify, and incorporate those suggestions without any obligation to compensate you.
Prohibited Conduct
Your use of the subscription Service is subject to the same expectations of lawful and respectful behavior outlined in the "Prohibited Conduct" section of the one-time purchase Terms above. In particular, you agree not to:
Share Accounts: Do not share your login credentials or allow others to use your account to access subscription content.
Copy or Redistribute Content: Do not copy, record, screenshot, or distribute course materials to non-subscribers.
Bypass Security: Do not attempt to bypass or undermine any security or digital rights management measures on the site.
Service Interference: Do not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks.
Unlawful Use: Do not use the Service for any unlawful purpose or in violation of any U.S. federal, state, or local laws or regulations.
Harassment or Misuse: Do not harass or harm other users or our staff, and do not post any offensive, abusive, or infringing content if any interactive features (such as comments or forums) are available.
Misrepresentation: Do not falsely imply or state that you or your use of the course is endorsed by or affiliated with the U.S. Department of Veterans Affairs or any other government entity. Engaging in prohibited conduct may result in immediate termination or suspension of your subscription without a refund, and could result in legal action if the conduct infringes on our rights or the rights of others.
Disclaimers:
We provide our subscription Service to help educate and guide veterans in understanding the VA disability claims process. However, please carefully read the following disclaimers, which apply fully to this Service:
Not Affiliated with VA: James Pitts Consulting LLC is an independent veteran consulting business. We are not associated with or endorsed by the U.S. Department of Veterans Affairs (VA) or any government agency. The content provided is unofficial and based on our experience and research, not on any privileged or inside information from the VA.
No Legal Advice or Representation: We are not lawyers or accredited VA claims agents, and we do not provide legal representation. The information and guidance in the course are for educational purposes only and do not constitute legal advice. Using our Service does not create any attorney-client or agent-client relationship. For personalized legal advice or representation in a VA claim, you should consult a VA-accredited attorney or agent. Our consulting is limited to general education and advice; you remain responsible for how you apply this information in any claim or appeal.
Educational Purpose Only: All content, discussions, and materials in the course are intended to help you better understand the VA claims process, not to do the process for you. We do not file claims on your behalf. Under 38 U.S.C. § 5901, only accredited individuals can assist in preparing, presenting, or prosecuting VA claims. By offering this subscription, we are acting only as educators, not as your representative. We will never ask for Power of Attorney or attempt to become your VA representative.
No Outcome Guarantees: We cannot and do not guarantee any specific outcome with respect to your VA disability claims. While our course may improve your knowledge and readiness, each case is unique. Any success stories or testimonials are not promises of what we can achieve for you. The decision on your claim lies solely with the Department of Veterans Affairs. You may ultimately receive a different result than expected, and you should not interpret our guidance as a guarantee of increased benefits or a successful appeal.
Use at Your Own Risk: You acknowledge that applying advice requires your own judgment. Results may vary depending on factors like your service record, medical evidence, timing, and the VA's procedures. James Pitts Consulting LLC is not responsible for any decisions you make or actions you take in your own VA claims process, even if based on something you learned in our course. Always double-check important requirements (such as filing deadlines, forms, and evidentiary needs) with official VA sources or accredited representatives.
Free Alternatives: We want you to be fully informed that free assistance is available for veterans filing claims. Organizations such as the DAV, VFW, American Legion, and state/county veteran service offices have accredited counselors who can help you prepare and submit claims at no cost. There are also VA-accredited attorneys and agents (who typically charge fees regulated by law, often only after a claim is successful). Your use of our paid Service is entirely optional. By agreeing to these Terms, you acknowledge that you are aware of these free resources and have chosen to subscribe to our Service for supplemental education and support. You are not obligated to use our Service to pursue your benefits.
No Warranties: The Service is provided "as is" and "as available" without any warranty of any kind. We disclaim all express or implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the website will be available at all times or that the content is error-free or up-to-date. While we strive for accuracy, VA laws and regulations can change, and we do not warrant that all information in the course is always current or applicable to your specific situation. You should verify critical information using official VA publications or guidance.
Fair Use Notice: This site may reference or display excerpts from publicly accessible federal documents, including but not limited to Title 38 of the Code of Federal Regulations (CFR) and content from VA.gov. These materials are used under the fair use doctrine for educational and commentary purposes. All trademarks, logos, and government imagery remain the property of their respective owners.
AI Use Disclaimer: The AI chatbot is a learning and support tool designed to help users understand VA disability claim concepts, regulations, and terminology based on publicly available information and Title 38 CFR. The chatbot is powered by artificial intelligence and is not a human representative. This tool does not provide legal advice, does not file claims, and cannot guarantee results. Use of the chatbot is at your own discretion and should be supplemented by professional advice where necessary.
Data Usage Notice: By interacting with the chatbot, you acknowledge that your inputs may be processed, logged, and stored to improve performance, enhance accuracy, and maintain quality assurance. Do not input any sensitive personal information, including Social Security Numbers, VA file numbers, or private medical history. James Pitts Consulting LLC takes privacy seriously and adheres to strict data handling practices. Refer to our [Privacy Policy] for full details.
Paid Access Clarification: Access to the AI chatbot is included with your course membership or purchase. It is offered as an educational resource to supplement course material. This AI assistant is not a substitute for accredited VA representatives or legal professionals and should not be relied upon for claim decisions or legal interpretation.
Limitation of Liability
To the maximum extent permitted by law, in no event shall James Pitts Consulting LLC (or its owners, officers, employees, or agents) be liable to you for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your subscription or use of the Service. This includes, without limitation, any loss of opportunity, lost benefits or compensation, lost data, or any other intangible losses you may incur as a result of using our educational materials, even if we have been advised of the possibility of such damages. Our total cumulative liability for any claims arising from or related to the Service or these Terms, whether in contract, tort, or otherwise, shall not exceed the total amount of subscription fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any amount (for example, if you were on a free trial), our liability is limited to zero. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you. In such cases, our liability is limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify and hold harmless James Pitts Consulting LLC and its affiliates, and their respective officers, directors, employees, and agents, from any and all claims, demands, losses, liabilities, or expenses (including attorneys' fees) arising out of or related to: (a) your violation of these Terms or any law or regulation; (b) your misuse of the Service or content (including any actions you take in handling your VA claim based on our course); or (c) any infringement by you of any intellectual property or other right of any person or entity. This means you will reimburse us for any losses or costs we incur due to your actions that are not in line with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with us in asserting any available defenses). Your indemnification obligations will survive any termination or expiration of your subscription or use of the Service.
Termination and Suspension
By the Company: We reserve the right to suspend or terminate your account or subscription at any time for any reason, including if (a) you breach any of these Terms or violate any applicable law; (b) you fail to pay the subscription fees when due and do not promptly cure the payment issue; or (c) we, in our sole discretion, decide to discontinue the subscription Service (for example, if we cease business operations or transition to a different service model). In the event we terminate your subscription due to your breach or misconduct, you will not be entitled to any refund of fees already paid. If we terminate or discontinue the subscription Service for convenience and not due to your fault, we will provide notice and, if you have time remaining on a paid subscription, we may offer a prorated refund for the unused portion or other reasonable compensation as required by law. By You: You may terminate your subscription at any time by canceling as described in the "Cancellation and Renewal" section above. Closing your account will result in deactivation of access to subscriber content at the end of your current billing period. If you wish to have your personal data deleted as well, please see our Privacy Policy for how to request deletion. After termination (by either party), the following sections of these Terms will continue to remain in effect: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive termination or expiration.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Arizona, and by applicable federal laws of the United States, without regard to conflict of law principles. You agree that any dispute or claim arising out of or relating to these Terms or your use of the Service shall be brought exclusively in the state or federal courts located in the State of Arizona. You hereby consent to the personal jurisdiction of those courts and waive any objections to venue in those courts. If you reside in a jurisdiction that does not permit such consent to jurisdiction or venue selection, this provision may not fully apply to you. However, to the extent allowed, you agree to resolve any disputes in Arizona under Arizona law.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed or limited to the minimum extent necessary, and the remainder of the Terms will remain in full force and effect. Any unenforceable provision will be interpreted to fulfill its intended purpose to the greatest extent possible under applicable law. Our failure to enforce any part of these Terms shall not be deemed a waiver of our right to enforce that or any other part in the future. Waiver of compliance in one instance does not mean we will waive compliance going forward. Each provision of these Terms shall be considered separable.
Entire Agreement
These Terms, along with our Privacy Policy and any other policies or guidelines we provide in connection with the Service, constitute the entire agreement between you and James Pitts Consulting LLC regarding your subscription and use of the Service. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter. You acknowledge that you have not relied on any representation or promise that is not expressly stated in these Terms.
Contact Us
If you have any questions or concerns about these Terms or the subscription Service, please contact us at jamespittsconsulting1@gmail.com. You may also reach us by mail at: James Pitts Consulting LLC, Buckeye, Arizona, USA (Attn: Subscription Terms). We will be happy to assist you and provide clarification about our Terms or any other policies.
