Terms and Conditions

Last Updated: March 11, 2025

1. Introduction

These terms and conditions (the "Terms") govern your use of the website operated by WESTSTARGUARD LLC, doing business as WestGuard Agency ("we," "us," or "our"), located at https://westguard.agency (the "Website"), and the services available through our Website (collectively, the "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms.

2. Who We Are and How to Contact Us

WestGuard Agency is operated by WESTSTARGUARD LLC, a limited liability company registered in Iowa, USA with EIN 33-3666419.

Our principal place of business is at 528 Pelletier Dr, Sioux City, IA 51104, USA.

To contact us, please email contact@westguard.agency or telephone +1 613 927 3985.

3. By Using Our Website You Accept These Terms

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website.

We recommend that you print a copy of these Terms for future reference.

4. We May Make Changes to These Terms

We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.

5. We May Make Changes to Our Website

We may update and change our Website from time to time to reflect changes to our services, our users' needs, and our business priorities.

6. We May Suspend or Withdraw Our Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

7. You Must Keep Your Account Details Safe

If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@westguard.agency.

8. How You May Use Material on Our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organization to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. Do Not Rely on Information on This Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

10. We Are Not Responsible for Websites We Link To

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

11. Our Responsibility for Loss or Damage Suffered by You

Whether you are a consumer or a business user

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

In particular, we will not be liable for:

If you are a consumer user

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. How We May Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy.

13. We Are Not Responsible for Viruses and You Must Not Introduce Them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Fraud and Abuse Act of 1986 and/or other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

14. Rules About Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact contact@westguard.agency.

15. Dispute Resolution

For consumers

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

  1. The arbitration shall be conducted by telephone, online and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration;
  2. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
  3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

For business users

Any dispute arising out of or relating to these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the American Arbitration Association then in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Sioux City, Iowa. The language to be used in the arbitral proceedings shall be English.

16. Governing Law and Jurisdiction

For consumers

These Terms, their subject matter and their formation, are governed by Iowa law. You and we both agree that the courts of Iowa will have exclusive jurisdiction.

For business users

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Iowa law. We both agree to the exclusive jurisdiction of the courts of Iowa.

17. Our Trademarks

"WestGuard Agency" and our logo are trademarks of WESTSTARGUARD LLC. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under "How you may use material on our website" above.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

19. Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

20. Entire Agreement

These Terms and any policies or operating rules posted by us on the Website constitute the entire agreement and understanding between you and us.

21. Contact Information

Questions about the Terms should be sent to us at contact@westguard.agency.