Terms of Use

Please read these Terms of Use (“Terms” or “Terms of Use”) carefully before using the https://www.trajectormedical.com website, all pages within this website, and all subdomains of this website (collectively, the “Website”) which are operated by Trajector Medical (“Trajector”, “us”, “we”, or “our”).

The terminology “You” and “Your” refers to you, the person accessing this Website and accepting Trajector Medical’s Terms of Use. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.

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

I. GENERAL

i) DOMINION OF THESE TERMS OF USE

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

ii) RIGHTS AND RESTRICTIONS OF USE

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 If you breach this restriction on the use of the Website, your access privileges to the Website may be immediately withdrawn and you may be subject to prosecution and damages, resulting in severe civil and criminal penalties.

iii) LIMITATION OF LIABILITY/ INDEMNIFICATION

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

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

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

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

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

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

iv) MINIMUM AGE REQUIREMENT

If you are under the age of 13, you are not permitted to use our Website. Any persons under the age of 13 must stop using this Website immediately. Any persons using this Website represents that they are not under the age of 13. Additionally, any services provided by Trajector Medical are restricted to persons over the age of 18. Any persons soliciting services from Trajector Medical represents that they are over the age of 18. Trajector Medical does not knowingly collect or solicit information from or about children under the age of 13, except as permitted by law. If we discover that we have received any information from a child under the age of 13 in violation of this policy, we will delete that information immediately. If you believe Trajector Medical has any information from or about anyone under the age of 13, please contact us at this email address: [email protected].

v) TRADEMARKS

Trajector Medical’s name and logo, as well as service marks on the Website, are registered trademarks. These trademarks may not be used in relation to any service or product that is not a service or product provided by Trajector Medical, or in any way that may disparage or discredit Trajector Medical or its affiliates. Any trademarks on the Website are the property of their respective owners and may not be used without the appropriate license or agreement.

vi) COPYRIGHT

TrajectorMedical.com and all documents and consulting by-products on this Website are © copyrighted by Trajector Medical, or a third party, and protected under the US Copyright Act of 1976 and all other applicable international, federal, state and local laws, with ALL rights reserved. No part of our content, claims, strategy, etc. may be copied, or changed in any format, sold, or used in any way without express written permission from Trajector Medical. Absence of copyright or trademark information does not imply lack of copyright by Trajector Medical or a third party.

vii) FAIR USE

As stated above, this Website, and all its content, is copyrighted and protected by trademark laws. You may use the material on this Website, so long as the use is fair. Fair use of copyrighted material includes downloading materials for your personal use, but you do not gain proprietary or ownership rights to any materials you download. You must cite the source of these materials as you would for any other copyrighted work

Other than stated above, you may not distribute, modify, transmit, reuse, re-post, or otherwise exploit any content to include trademarks, logos, service marks, text, images, audio, or video for any purpose, public or commercial, without our explicit permission.

viii) SEVERABILITY

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

ix) WAIVER

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

x) WAIVER

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

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

xi) DISPUTE RESOLUTION

If a dispute arises under these Terms or any other agreement with Trajector Medical, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Florida. Any costs and fees other than each party’s attorney fees associated with the mediation will be shared equally by each party involved

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Florida, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

II. TRAJECTOR MEDICAL SERVICES

Trajector Medical is a medical evidence development and medical consulting service that does not REPRESENT veterans before the VA in connection with any claim for VA benefits.

Our medical evidence development and medical consulting services are intended to enhance your ability to uncover all of the legitimate VA disabilities for which you may be eligible and best present the necessary evidence to the VA, so you can receive an accurate and timely VA Rating with the least hassle.

If you are in the process of appealing a VA rating decision, regularly work in conjunction with a VA Accredited Agent or Attorney that a client has already retained. If you are seeking a VA Accredited Agent or Attorney to represent you for an appeal, please click HERE to view the VA’s directory of Accredited Agents and Attorneys.

i) DEVELOPMENT OF MEDICAL EVIDENCE

Trajector Medical does not charge a fee for the evidence development and provides those services free of charge to all Veterans who have executed our Medical Evidence Agreement (MEDA). Our MEDA details the fees associated with our services.

Trajector Medical has the ability to terminate our consulting agreement with you for any reason including:

• • 1. You fail to comply with our requirements.
  • 2. Trajector Medical has reason to believe you are acting in an unethical manner to defraud the VA and dishonor fellow veterans.
  • 3. You fail to make timely payment on any payments due payable to Trajector Medical.
  • 4. For any other reason, at our sole discretion.

ii) SCHEDULE OF FEES

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

If you do receive an increase, the above mentioned MEDA stipulates that our standard fee will be equal to five (5) times the increase in your VA disability compensation. So, if you currently receive $1000 per month for your VA disability benefits and we help you get to $1500 per month, you agree to pay us the equivalent of five (5) times the amount your monthly compensation increases by, for a total of $2500. Other fees may apply.

After services have been rendered by Trajector Medical, there are no refunds. Trajector Medical does not bill until AFTER you have received an increase in your VA disability benefits.

iii) SHIPPING

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

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

iv) LIMITATIONS OF USE

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

v) CHANGES

Trajector Medical reserves the right, at our sole discretion, to modify or replace these Terms of Use at any time. If a revision is material, we will try to provide at least 15 days’ notice to you, either via e-mail or on this Website, prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Website or our services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website and our services.

vi) CONTACT

You may contact us at:

https://www.trajectormedical.com/contact/

By physical mail or by phone:

Trajector Medical
5950 NW 1st Place
Suite 200
Gainesville, FL 32607

888-98-VETERAN (888-988-3837)

Information Privacy concerns and questions can be emailed to: [email protected]