Terms and Conditions
Effective Date: 11/01/2025
1. Company Identification and Scope
These Terms and Conditions (“Terms”) govern access to and use of the website located at https://consumerguardiangroup.com, including its www subdomain, associated website pages, online inquiry forms, document-upload interfaces, downloadable educational materials, scheduling tools, and related website functionality that expressly incorporates these Terms (collectively, the “Website”).
The Website is operated by Consumer Guardian Group (“Company,” “we,” “us,” or “our”), with its principal place of business in Knoxville, Tennessee, United States.
In these Terms, “you,” “your,” and “User” mean the individual accessing or using the Website. If an individual uses the Website on behalf of another person or an organization, that individual represents that the individual has lawful authority to act for that person or organization within the scope of the activities undertaken. Such authority does not permit the individual to provide another person’s telecommunications consent without a legally sufficient basis.
These Terms govern Website use and do not, by themselves, constitute an agreement for legal representation, consumer-advocacy services, dispute resolution services, or other professional services.
Any separately executed Client Retainer Agreement, attorney engagement agreement, service agreement, or other written professional engagement agreement (“Engagement Agreement”) governs the services expressly identified in that agreement. If an Engagement Agreement conflicts with these Terms regarding professional services, fees, client rights, confidentiality, professional responsibilities, or resolution of professional-service disputes, the Engagement Agreement controls, subject to applicable law and professional-conduct requirements.
2. Acceptance, Notice, and Electronic Assent
Where the Website presents these Terms with an affirmative acceptance mechanism, including an unchecked acceptance box or an acceptance button accompanied by clear notice and an accessible link to these Terms, your affirmative acceptance constitutes agreement to these Terms to the extent enforceable under applicable law.
Where access to particular Website features requires acceptance, you must not use those features unless you agree to the applicable Terms.
Mere access to a publicly available page does not constitute consent to marketing communications, authorization to charge a payment method, execution of an Engagement Agreement, or waiver of rights for which applicable law requires specific affirmative consent.
We may maintain electronic records of acceptance, including the version of these Terms presented, the date and time of acceptance, the associated submission, and relevant technical records, consistent with applicable law and our Privacy Policy.
If you do not agree to these Terms, do not use features requiring acceptance. You may contact us through the contact information below to ask about alternative methods of requesting information.
3. Eligibility and Authorized Use
The Website’s inquiry, scheduling, upload, and engagement-related features are intended for individuals who are at least eighteen years old and legally capable of entering into a binding agreement.
You must provide accurate identifying and contact information when requested. You must not impersonate another person, misrepresent your authority, submit another person’s information without a lawful basis, or use another person’s telephone number or email address to obtain communications without authorization.
If you assist a timeshare co-owner, family member, estate, trust, or business, we may require evidence of your authority before reviewing documents, discussing confidential information, or proceeding with an engagement.
Eligibility to use the Website does not establish eligibility for professional services. We may decline a matter for reasons including conflicts of interest, jurisdictional limitations, insufficient documentation, lack of an appropriate legal or factual basis, capacity constraints, or other lawful reasons.
4. Description of Website Resources and Initial Case Reviews
The Website provides educational content and self-help resources concerning timeshare sales practices, alleged misrepresentation, cancellation options, ownership obligations, contractual disputes, and related consumer issues.
The Website may offer downloadable guides, general explanations, illustrative examples, frequently asked questions, and a portal for requesting a “Free Initial Case Review.”
A Free Initial Case Review is an opportunity to provide preliminary information and determine whether additional evaluation may be appropriate. Unless we expressly agree otherwise in writing, it does not include comprehensive investigation, a definitive legal opinion, representation before a tribunal, preservation of claims, filing of legal documents, negotiation with a developer, or a commitment to undertake your matter.
The initial review is provided without a Company charge and without an obligation to purchase further services. Your telecommunications provider, internet provider, or other third parties may impose their ordinary charges.
We may request additional information, identify potential issues, refer you to an appropriate professional, decline your matter, or determine that further review is necessary before discussing a proposed engagement. We are not obligated to accept every inquiry or provide a substantive response to every submission.
5. Educational Information; No Individualized Advice
Unless provided within an established professional relationship by an appropriately authorized professional, Website content is general educational information and is not individualized legal, financial, tax, credit, or investment advice.
Laws, regulations, contractual provisions, judicial interpretations, and developer practices vary and may change. An explanation that applies to one transaction, location, or individual may not apply to another.
You should not rely on a downloadable guide, article, example, testimonial, or automated communication as a determination of your legal rights or obligations. You should obtain advice from an appropriately licensed attorney or other qualified professional regarding your particular circumstances.
The Website does not instruct you to stop paying a mortgage, maintenance fee, assessment, or other contractual obligation. Do not discontinue payments, transfer property, sign a release, or take other consequential action solely because of Website content.
6. No Automatic Attorney-Client or Professional-Client Relationship
Browsing the Website, downloading materials, scheduling a consultation, submitting an inquiry, uploading documents, receiving an automated message, or participating in preliminary screening does not, by itself, establish an attorney-client relationship or other formal professional-client relationship.
The Company’s formal acceptance process requires comprehensive evaluation, individual eligibility verification, appropriate conflict and jurisdictional review, express acceptance of the matter, and mutual execution of a written Client Retainer Agreement or other applicable Engagement Agreement.
Where legal representation is involved, the Engagement Agreement must identify the attorney or law firm responsible for that representation and the authorized scope of the representation. An engagement with a consumer-advocacy organization does not automatically retain every attorney with whom that organization may work.
References to “attorney-led,” “legal strategy,” or similar language do not mean that every employee is an attorney, that the Company is authorized to practice law in every jurisdiction, or that a particular attorney has accepted your matter.
Nothing in these Terms eliminates duties that applicable law or professional-conduct rules impose on an attorney concerning prospective clients, confidentiality, conflicts of interest, or the formation of an attorney-client relationship based on the actual circumstances. No Website provision authorizes unauthorized practice of law, improper fee sharing, or interference with an attorney’s independent professional judgment.
7. Deadlines and Continuing Obligations
An inquiry, document upload, consultation request, or preliminary review does not suspend, extend, or satisfy a contractual deadline, rescission period, limitation period, arbitration deadline, court deadline, payment obligation, or other time-sensitive requirement.
Unless an Engagement Agreement expressly assigns responsibility for a particular deadline and the responsible professional accepts that assignment, you remain responsible for obtaining timely advice and taking appropriate action.
Do not use the Website as the sole means of communicating an urgent deadline, imminent hearing, threatened foreclosure, collection action, or other emergency. Contact an appropriately licensed attorney promptly.
We do not undertake to monitor your deadlines merely because you have submitted information.
8. Submission of Documents and Sensitive Information
You may be invited to submit timeshare purchase agreements, financing documents, mortgage information, financial statements, maintenance-fee records, developer correspondence, sales materials, and other relevant records through designated channels.
Submit sensitive documents only through the upload mechanism or other transmission method we designate for that purpose. Do not place sensitive documents in public comments, general marketing forms, or other fields not intended for document collection.
Unless specifically requested through an appropriate channel, do not submit full payment-card numbers, card security codes, account passwords, authentication codes, complete Social Security numbers, or unrelated sensitive information.
You should redact unnecessary sensitive information while preserving the portions needed for review. Identify material redactions, missing pages, and unavailable records so that the information is not mistaken for a complete, unmodified submission.
You remain responsible for maintaining your own copies and preserving originals. The Website is not a substitute for your personal records, and uploading a document does not transfer responsibility for preserving evidence to us unless otherwise agreed in writing.
9. Accuracy, Authenticity, and Completeness of Submissions
You represent and warrant that:
You have a lawful right to submit the information and documents provided.
Documents represented as originals or faithful copies are authentic and have not been deceptively altered.
Factual statements are truthful and accurate to the best of your knowledge after reasonable inquiry.
You have not knowingly omitted material information in a manner that makes your submission misleading.
You will identify uncertainties, estimates, reconstructed recollections, missing records, and material redactions.
You will promptly correct material errors and provide material updates of which you become aware.
You will not fabricate evidence, misattribute statements, conceal contradictory records, or ask us or any professional to rely on information you know is false.
Completeness means providing material information reasonably available to you and accurately identifying known gaps. It does not mean that you must possess every document before requesting an initial review.
When describing a sales presentation or historical event, distinguish your direct recollection from assumptions, secondhand statements, and information learned later.
We may compare records, request clarification, seek authentication, or decline to rely on a submission. Preliminary review does not constitute certification of authenticity or accuracy.
10. Authorization to Process Submitted Materials
You retain ownership of documents and other materials you submit, subject to the rights of their lawful owners.
You grant the Company a limited, nonexclusive authorization to receive, store, reproduce, organize, transmit, and review your submissions as reasonably necessary to respond to your inquiry, assess eligibility, conduct authorized review, administer an engagement, maintain security, comply with legal obligations, and preserve appropriate business or professional records.
This authorization permits access by personnel, designated professionals, and service providers only to the extent appropriate for the stated purposes and consistent with applicable confidentiality obligations and the Privacy Policy.
This authorization is not a license to publish your documents, use your identity in advertising, sell your records, or use sensitive submissions to train general-purpose artificial-intelligence models.
A separate lawful basis or appropriate authorization is required for a materially different use.
11. Confidentiality, Privacy, and Security
Our handling of personal information is described in our Privacy Policy.
These Terms do not replace the Privacy Policy, create blanket consent to all data processing, or waive rights provided by applicable privacy laws.
We will handle information submitted for review consistently with applicable law, the Privacy Policy, and any professional confidentiality duties that apply. Whether a particular communication is protected by attorney-client privilege or another evidentiary protection depends on applicable law and the actual circumstances; a Website submission is not automatically privileged merely because it concerns a legal issue.
Electronic transmission and storage involve security risks. We use reasonable safeguards appropriate to the nature of the information and applicable obligations, but do not promise absolute security or uninterrupted availability.
Nothing in this section excuses failure to comply with legally required security, confidentiality, breach-notification, or data-protection obligations.
Deletion requests may be subject to lawful retention requirements, professional duties, litigation holds, fraud-prevention requirements, and records necessary to demonstrate consent or compliance.
12. SMS and Telephone Communications Program
12.1 Program Description
Consumer Guardian Group may offer optional SMS and telephone communications concerning requested educational resources, guide-delivery links, inquiry follow-up, consultation scheduling, appointment reminders, and, where separately authorized, marketing concerning the Company’s services.
The communications authorized for a particular User are limited to the purposes and channels described in the applicable consent disclosure.
A request for a guide does not, by itself, authorize unrelated marketing or enrollment in an ongoing reminder program.
12.2 Affirmative Written Consent
Where a form offers optional consent to automated marketing or informational calls and texts, checking the designated, initially unchecked consent box and submitting the form constitutes your electronic signature and express written consent to the communications specifically described in that disclosure.
Where the disclosure expressly identifies those technologies, the consent includes calls and text messages made using an automatic telephone dialing system or other automated technology, and calls using an artificial or prerecorded voice, at the telephone number you provide.
The Company must be clearly identified as the authorized caller or sender. A general acceptance of these Terms, submission of a telephone number, or consent to receive one requested message does not independently authorize every category of future communication.
You represent that you are the subscriber or customary authorized user of the number provided and have authority to provide the applicable consent.
12.3 Consent Is Voluntary
Consent to receive SMS messages or automated marketing calls is completely voluntary and is not a condition of purchasing any service.
You may request information or discuss service options without providing marketing consent by contacting us using the information in Section 27.
Declining or revoking marketing consent does not, by itself, prevent you from purchasing services or exercising rights under an Engagement Agreement.
12.4 Required Messaging Disclosures
Message and data rates may apply. Message frequency varies. Reply STOP to cancel at any time, and HELP for operational assistance.
Frequency depends on the program you select, your requests, and the status of your appointments or inquiry. A program described as a single-message guide-delivery program will not be expanded into recurring messaging without appropriate additional authorization.
12.5 Revocation and Opt-Out
You may revoke consent by replying STOP, by contacting us at the email address or telephone number below, or through another reasonable method that clearly communicates your request.
We will honor revocation and do-not-call requests within the time required by applicable law and applicable provider requirements.
We may send a nonmarketing confirmation of your opt-out where permitted by law. Opting out of a text program does not authorize replacement marketing through another channel.
Where you clearly limit your request to a particular program or channel, we will honor that limitation only to the extent permitted by applicable law. Otherwise, we will apply the request as required by applicable law and the consent record.
12.6 Assistance and Number Changes
Reply HELP for assistance, email Info@ConsumerGuardianGroup.com, or call (865) 643-8377.
If your number changes, is reassigned, or is no longer under your control, notify us promptly so that we can update our records. You are not required to retain a telephone number as a condition of receiving services.
12.7 Delivery and Carrier Limitations
Messages may be delayed, filtered, or undelivered because of network conditions, device settings, carrier practices, or other factors. Carriers are not liable for delayed or undelivered messages.
Do not rely on SMS as the exclusive source of information concerning legal deadlines, hearings, payment obligations, or emergencies.
Carrier registration, A2P 10DLC registration, or provider approval does not constitute governmental approval of our services or guarantee legal compliance.
12.8 Mobile Data and Consent Information
We do not sell, rent, or share mobile telephone numbers or SMS opt-in data and consent with third parties or affiliates for their own marketing or promotional purposes.
We may provide information to communications service providers acting on our behalf solely as needed to operate the authorized program, subject to appropriate restrictions. We may also make disclosures required by law.
Review the Privacy Policy for information about data handling, service providers, retention, and privacy rights.
13. Email Communications
If you request a guide, consultation, or response and provide an email address, we may send communications reasonably related to that request, subject to applicable law.
Marketing email will include an appropriate unsubscribe mechanism where required. You may unsubscribe through that mechanism or contact us directly.
Unsubscribing from marketing does not necessarily stop nonmarketing communications needed to provide services you have requested, administer an existing engagement, send receipts, or communicate required notices.
Consent to marketing email is separate from consent to automated calls or texts unless the applicable disclosure clearly and lawfully provides otherwise.
Nothing in these Terms authorizes unlawful commercial email, deceptive sender information, or avoidance of applicable unsubscribe requirements.
14. Engagements, Fees, and Billing Models
The Website does not establish a fee agreement or authorize charges merely because you request an initial review.
If we offer formal services, the Engagement Agreement will identify the responsible service provider, scope, fee structure, payment schedule, applicable expenses, cancellation provisions, and any conditions affecting earned fees or refunds.
Where lawful and appropriate, engagements may use flat-fee models, advance retainers, milestone billing, or performance-contingent arrangements. Such structures are not interchangeable.
A milestone payment may be tied to defined work, a procedural event, or an expressly identified result. It does not constitute a guarantee unless the Engagement Agreement expressly and lawfully provides one.
Any contingent legal fee must satisfy applicable requirements concerning reasonableness, written disclosures, calculation, expenses, and professional responsibility. Nothing in these Terms authorizes prohibited contingent fees, unlawful fee sharing, or the collection of legal fees by an unauthorized person.
The characterization, handling, and earning of advance payments must comply with applicable law and professional rules. A payment is not automatically earned or nonrefundable merely because it is called a “retainer” or “flat fee.”
15. Payment Processing
Payments, where offered, are processed through third-party payment gateways designated for the applicable transaction. The Company does not store raw payment-card credentials, including full card numbers or card security codes, on the Website.
Payment processors may retain payment information or tokens under their own lawful processing arrangements. We may receive transaction confirmations, limited payment identifiers, receipts, and other information necessary to administer billing.
The Company will use providers and payment configurations appropriate to applicable payment-security requirements. This provision does not represent that every third-party system is immune from security incidents.
You must use a payment method you are authorized to use. Recurring charges, installment payments, or stored-payment authorizations require the authorization applicable to that arrangement and are not created by general acceptance of these Terms.
Your statutory rights concerning billing errors, unauthorized charges, chargebacks, cancellation, and payment disputes remain intact.
16. Refunds, Cancellations, and No Implied Guarantees
Refund eligibility, cancellation rights, the earning of fees, and expense reimbursement are governed by the applicable Engagement Agreement and mandatory law.
Nothing in these Terms establishes a blanket no-refund policy, permits retention of unearned legal fees, or eliminates a statutory right to cancel or obtain a refund.
Testimonials, prior outcomes, illustrative case descriptions, historical averages, and general marketing statements do not independently create a refund promise or guarantee a successful outcome.
Where an express written guarantee is offered, its stated lawful terms govern. No disclaimer in these Terms overrides an express contractual obligation that the Company has undertaken.
Services may seek contract termination, maintenance-fee mitigation, a negotiated release, resolution of financing obligations, or other relief identified in an Engagement Agreement. Results depend on individual agreements, available evidence, developer and lender positions, applicable law, and decisions by courts, arbitrators, or other third parties.
We do not control those parties or decision-makers and do not guarantee cancellation, loan release, credit protection, settlement, recovery, timing, or any particular financial result.
17. Testimonials and Third-Party Relationships
Testimonials describe individual experiences and are not assurances that another person will obtain the same result.
Examples may omit facts that are confidential or immaterial to an educational explanation. They must not be understood as a prediction of the merits or value of your matter.
References to developers, lenders, resorts, brands, payment processors, telecommunications providers, or arbitration administrators are for identification or explanation only. Unless expressly stated and factually accurate, such references do not indicate affiliation, endorsement, sponsorship, or authority to bind those parties.
Nothing in this section permits misleading advertising, concealment of a required material-connection disclosure, or publication of confidential client information without appropriate authorization.
18. Intellectual Property and Limited License
As between you and the Company, the Company owns or lawfully controls the rights in its original Website copy, graphics, branding, proprietary intake forms, original design and layout elements, and self-help materials, except for User submissions and materials owned by identified third parties.
These Terms do not claim exclusive ownership of public-domain materials, laws, facts, general ideas, third-party contracts, or elements not protectable under applicable intellectual-property law.
Subject to these Terms, you receive a limited, nonexclusive, nontransferable permission to access the Website and download or print educational materials for your personal, noncommercial use in understanding your own circumstances.
You may share a guide with your own attorney or professional adviser for that purpose, provided proprietary notices remain intact.
You must not reproduce, republish, distribute commercially, sell, sublicense, or create unauthorized derivative versions of protected Website materials without our prior written permission, except where applicable law independently permits the activity.
No trademark license is granted other than any use necessary to identify the Company accurately in a lawful context.
19. Prohibited Uses
Except with our express written authorization or where applicable law gives you a nonwaivable right, you must not:
Scrape, harvest, crawl, extract, or systematically collect Website content, intake data, or other information using automated tools.
Use Website content or submissions to train, fine-tune, evaluate, or populate datasets for artificial-intelligence or machine-learning systems.
Frame, mirror, or embed the Website in a manner that obscures its source or implies an unauthorized affiliation.
Submit false inquiries, fabricated documents, or impersonated prospects.
Use intake, upload, consultation, or scheduling systems for competitor intelligence, benchmarking through deception, or obtaining confidential operational information.
Introduce malware, malicious scripts, or harmful files.
Attempt unauthorized access to accounts, storage systems, documents, or infrastructure.
Circumvent access controls, rate limits, security measures, or technical restrictions.
Interfere with Website availability or impose unreasonable technical burdens.
Collect personal information about Users or personnel for unlawful purposes.
Use the Website to facilitate fraud, harassment, threats, infringement, or other unlawful activity.
Ordinary indexing by legitimate search engines may be permitted where consistent with our published technical instructions and any specific authorization. Permission to index does not authorize AI model training, republication, or access to private forms or documents.
These restrictions do not prohibit truthful reviews, lawful reporting to regulators, good-faith security reporting, or uses that applicable law protects notwithstanding contractual restrictions.
20. Availability, Third-Party Tools, and Website Changes
We may modify Website features, correct errors, restrict access, or discontinue resources for operational, security, legal, or business reasons.
Third-party scheduling, storage, communications, payment, and other tools may be subject to additional terms disclosed by their providers. Such terms do not automatically override the Company’s obligations under these Terms or applicable law.
We do not guarantee continuous availability, compatibility with every device, or error-free operation. We may suspend access for maintenance, investigation, suspected misuse, or security incidents.
A suspension of Website access does not, by itself, terminate an existing professional engagement, eliminate duties to an existing client, or excuse obligations under an Engagement Agreement.
21. Disclaimer of Website Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND GENERAL EDUCATIONAL MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
EXCEPT FOR EXPRESS OBLIGATIONS THAT CANNOT LAWFULLY BE DISCLAIMED, THE COMPANY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT IN CONNECTION WITH GENERAL WEBSITE ACCESS AND EDUCATIONAL CONTENT.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, THAT EVERY ERROR WILL BE CORRECTED, OR THAT GENERAL CONTENT WILL ADDRESS EVERY FACT OR LEGAL ISSUE RELEVANT TO A PARTICULAR USER.
THIS SECTION DOES NOT DISCLAIM AN ATTORNEY’S DUTY OF COMPETENCE, AN EXPRESS SERVICE COMMITMENT, LEGALLY REQUIRED SECURITY OR PRIVACY DUTIES, OR A WARRANTY OR REMEDY THAT APPLICABLE LAW MAKES NONWAIVABLE.
22. Limitation of Website Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE ACCESS, WEBSITE UNAVAILABILITY, OR USE OF GENERAL EDUCATIONAL MATERIALS.
SUBJECT TO THE EXCLUSIONS BELOW, THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED THE GREATER OF:
THE TOTAL AMOUNT YOU PAID THE COMPANY SPECIFICALLY TO USE THE WEBSITE; OR
ONE HUNDRED U.S. DOLLARS ($100).
PAYMENTS FOR PROFESSIONAL SERVICES ARE NOT PAYMENTS FOR WEBSITE ACCESS AND ARE NOT SUBJECT TO THIS WEBSITE-ONLY CAP.
THE EXCLUSIONS AND CAP DO NOT APPLY TO LEGAL MALPRACTICE OR OTHER PROFESSIONAL-SERVICE CLAIMS; FRAUD; WILLFUL MISCONDUCT; GROSS NEGLIGENCE; PERSONAL INJURY WHERE LIABILITY CANNOT LAWFULLY BE LIMITED; OR ANY CLAIM, STATUTORY DAMAGES, ATTORNEY-FEE AWARD, OR OTHER REMEDY THAT APPLICABLE LAW PROHIBITS THE PARTIES FROM LIMITING.
NOTHING IN THESE TERMS PROSPECTIVELY LIMITS AN ATTORNEY’S LIABILITY IN VIOLATION OF APPLICABLE PROFESSIONAL-CONDUCT RULES.
IF A PARTICULAR LIMITATION IS UNENFORCEABLE, IT WILL APPLY ONLY TO THE EXTENT LAWFULLY PERMITTED. NO LIMITATION SHALL BE INTERPRETED TO ELIMINATE A NONWAIVABLE CONSUMER RIGHT.
23. Indemnification for Wrongful Submissions and Misuse
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its officers, employees, and authorized agents from third-party claims, lawful assessments, reasonable defense expenses, and actual losses directly caused by:
Your knowingly fraudulent or deceptively altered submissions.
Your knowing omission of material information that makes a submission misleading.
Your submission of documents or personal information without lawful authority.
Your infringement of third-party rights through materials you submit.
Your unlawful misuse of the Website.
Where inaccurate or incomplete submissions cause a matter to be rejected, a claim to be impaired, or an adverse determination to occur, you bear responsibility for consequences attributable to your wrongful conduct, subject to applicable law and the responsible professionals’ independent duties.
This provision does not impose automatic liability for an unfavorable case outcome, a good-faith memory error, clearly disclosed missing records, or the Company’s own failure to perform required verification or professional duties.
No indemnity applies to the extent a loss results from the Company’s negligence, unlawful conduct, breach of these Terms, or professional misconduct. No indemnity requires reimbursement of a fine or penalty that the law prohibits shifting to another person.
We will provide reasonably prompt notice of a claim for which indemnification is sought and a reasonable opportunity to participate in its defense. A settlement that imposes an admission, nonmonetary obligation, or payment obligation on you requires your consent, which will not be unreasonably withheld.
The Company may retain separate counsel where reasonably necessary to protect its interests. Defense expenses must be reasonable and attributable to covered conduct.
24. Governing Law and Court Forum
These Terms are governed by Tennessee law, without application of conflict-of-laws principles that would require another jurisdiction’s law, except that the Federal Arbitration Act governs the arbitration agreement to the extent applicable.
This choice of law does not deprive a consumer of protections that the law of the consumer’s jurisdiction makes nonwaivable.
Subject to Section 25, judicial proceedings arising from these Terms or Website use must be brought exclusively in state courts located in Knox County, Tennessee, or the United States District Court for the Eastern District of Tennessee sitting in Knoxville, provided the selected court has subject-matter jurisdiction.
The parties consent to personal jurisdiction in those courts for permitted proceedings, to the extent enforceable.
This forum provision governs claims excluded from arbitration and appropriate proceedings concerning enforcement of the arbitration agreement or an award. It does not require an arbitration demand to be filed as a lawsuit, require a consumer to attend an in-person arbitration hearing in Tennessee contrary to AAA requirements, or override a mandatory statutory venue.
The small-claims exception and nonwaivable protections in Section 25 remain applicable.
25. Individual Arbitration and Class Action Waiver
25.1 Conspicuous Notice
THIS SECTION REQUIRES INDIVIDUAL BINDING ARBITRATION OF COVERED WEBSITE DISPUTES, RATHER THAN A COURT TRIAL, UNLESS AN EXCEPTION APPLIES OR YOU TIMELY OPT OUT.
ARBITRATION GENERALLY DOES NOT INVOLVE A JURY, AND JUDICIAL REVIEW OF AN AWARD IS LIMITED.
25.2 Covered Disputes
Except as stated below, you and the Company agree to resolve by binding individual arbitration disputes arising out of or relating to these Terms, Website access, use of general Website resources, online submission functionality, or consent-based Website communications.
This section does not govern claims concerning legal malpractice, professional representation, the performance of retained professional services, or fees under an Engagement Agreement. Any arbitration of those matters must be addressed separately in an appropriate agreement that complies with applicable law and professional obligations.
A dispute with a timeshare developer, lender, resort, or other third party is not governed by this section merely because the Company assists you with that dispute.
25.3 Exceptions
Either party may bring an eligible individual claim in a small-claims court with lawful jurisdiction, provided the matter remains within that court’s jurisdiction and proceeds individually.
Nothing prevents a complaint to a regulator, attorney-disciplinary authority, law-enforcement agency, or other governmental body.
Claims that applicable law prohibits arbitrating are excluded. A right to seek public injunctive relief or another nonwaivable remedy is preserved where applicable.
Either party may request temporary judicial relief necessary to preserve the status quo pending arbitration where authorized by law. Such a request does not waive arbitration of the underlying covered claim.
25.4 Informal Resolution
Before initiating arbitration, the claimant should provide a written notice describing the dispute, relevant facts, requested relief, and contact information.
Notice to the Company may be sent to Info@ConsumerGuardianGroup.com with the subject line “Notice of Website Dispute.” The Company will use the contact information reasonably available for notice to you.
The parties will attempt in good faith to resolve the dispute for thirty days after receipt of notice.
This procedure does not require a consumer to disclose privileged information, personally attend a burdensome meeting, delay urgent relief, or allow a claim to expire. To the extent permitted by law, applicable limitation periods will be tolled during this thirty-day process.
The informal process will not be enforced as a forfeiture of substantive rights where compliance would be unlawful or materially prejudicial.
25.5 Administrator and Rules
Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules and Consumer Due Process Protocol.
The applicable rules and fee information are available at https://www.adr.org/rules-forms-and-fees/consumer/.
If these Terms conflict with mandatory AAA consumer protections, those protections control.
If AAA declines to administer because the Company has not satisfied its obligations, this agreement will not be used to compel the consumer into a substitute forum with diminished protections. The consumer may pursue the claim in a court with jurisdiction unless the parties agree in writing to a lawful alternative after the dispute arises.
25.6 Place and Hearing Format
The contractual seat of arbitration will be Knox County, Tennessee, only to the extent consistent with applicable law and AAA consumer requirements.
The location and format of any hearing will be determined under the AAA Consumer Arbitration Rules and Due Process Protocol. Telephone, videoconference, or documents-only proceedings may be used where appropriate.
A consumer will not be required solely by these Terms to travel to Tennessee for an in-person hearing contrary to those requirements. Where a local hearing is required, that hearing may take place near the consumer’s residence.
25.7 Costs
The consumer’s responsibility for AAA filing fees will not exceed the amount permitted by the applicable AAA consumer fee schedule and mandatory law.
The Company will pay administrative fees and arbitrator compensation allocated to the business under the applicable rules.
Available fee waivers and applicable protections for inability to pay remain available. The Company will bear additional costs where necessary to prevent the arbitration provision from being unenforceable because of prohibitive expense.
No automatic prevailing-party fee provision applies. Attorney fees and costs may be awarded only where authorized by applicable law or a separately enforceable agreement consistent with consumer protections.
25.8 Decision-Maker and Remedies
The arbitrator may award remedies available under applicable law for an individual claim, including statutory damages and attorney fees where authorized.
The arbitrator will provide a reasoned written award appropriate to the dispute.
A court, rather than the arbitrator, will decide disputes concerning whether an agreement to arbitrate was formed, whether a claim falls within an express exclusion, and the enforceability of the class action waiver.
The arbitrator will decide other matters within the authority granted by the governing law and applicable AAA rules.
25.9 Individual Proceedings and Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE TO BRING COVERED CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
THE ARBITRATOR MAY NOT CONDUCT CLASS ARBITRATION OR CONSOLIDATE DIFFERENT USERS’ CLAIMS WITHOUT ALL AFFECTED PARTIES’ EXPRESS AGREEMENT.
This restriction does not prohibit governmental enforcement, legally protected complaints, nonwaivable public injunctive relief, or administrative coordination of separate individual claims under applicable AAA procedures.
If the class action waiver is unenforceable for a particular claim, that claim will proceed in a court with jurisdiction rather than in class arbitration. Enforceable individual claims remain subject to arbitration where lawful and practicable.
25.10 Opt-Out
You may opt out of this arbitration agreement by emailing Info@ConsumerGuardianGroup.com within thirty days after first affirmatively accepting a version of these Terms containing this provision.
Use the subject line “Arbitration Opt-Out” and provide your name, contact information, and a clear statement that you opt out of the Website arbitration agreement.
Opting out does not affect your ability to use otherwise available Website features or request services. If you timely opt out, neither party may require arbitration under this section.
25.11 Award Enforcement and Survival
An award may be confirmed, challenged, or enforced in a court authorized by applicable law, subject to the lawful forum provisions in Section 24.
This arbitration agreement survives termination of Website access as to covered disputes arising while it was in effect.
An amendment will not apply retroactively to a dispute that has already arisen without the affected parties’ express agreement.
26. Amendments, Severability, and General Provisions
We may revise these Terms prospectively by posting a revised version and effective date. Where applicable law or the nature of a material change requires notice or renewed assent, we will provide it.
A revised version does not retroactively change an existing Engagement Agreement, authorize previously unauthorized marketing, or eliminate accrued rights.
Material revisions to arbitration or liability provisions apply only with legally sufficient notice and assent. Merely posting a revision does not create consent where affirmative agreement is required.
If a provision is held unenforceable, it will be severed or limited only as permitted by law. The remaining provisions will continue in effect unless doing so would defeat an essential purpose of the agreement. The specific severability provisions in Section 25 govern arbitration issues.
Failure to enforce a provision on one occasion is not a waiver of the right to enforce it later.
These Terms, together with documents expressly incorporated for Website use, constitute the agreement concerning their subject matter. They do not supersede an Engagement Agreement or mandatory legal duties.
You may not assign contractual Website access rights in a manner that facilitates prohibited use. The Company may assign its rights in connection with a lawful business transfer, but an assignment does not reduce accrued consumer rights, expand telecommunications consent, or authorize transfer of a professional engagement contrary to law or professional obligations.
No provision prohibits truthful reviews, lawful complaints, cooperation with authorities, or communications with your own legal advisers.
Provisions concerning intellectual property, submission accuracy, lawful retention, indemnification, liability, dispute resolution, and accrued obligations survive termination to the extent appropriate and enforceable.
27. Contact Information
Consumer Guardian Group
Principal Place of Business: Knoxville, Tennessee, USA
Email: Info@ConsumerGuardianGroup.com
Telephone: (865) 643-8377
Website: https://www.consumerguardiangroup.com
Privacy Policy: https://www.consumerguardiangroup.com/privacy-policy
The contact methods above are available for Website questions, messaging assistance, consent revocation, privacy inquiries, arbitration opt-outs, and informal dispute notices.
Email delivery under these Terms does not constitute formal service of judicial process unless applicable law or a separate written agreement permits it.