David Ellzey Unlimited, LLC
Terms and Conditions

TERMS AND CONDITIONS

Please READ carefully, as this pertains to the Agreement of your registration with any of the Products sold (sometimes referred to as “Program”) by David Ellzey Unlimited, LLC (sometimes referred to as “Company”, “we”, or “us”). By purchasing our products, you (sometimes referred to as "Client" or “You”) agree to the following terms as stated.

PROGRAM

The Company agrees to provide you with access to the Online Products contained within the website of David Ellzey Unlimited, LLC. As a condition of participating in any Program or Product, Client agrees to abide by all policies and procedures outlined in this Agreement.

NATURE OF THE RELATIONSHIP

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to Products that provide education and information. The information contained in the Programs and Products, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. 

MEDICAL DISCLAIMER

Client understands their participation in any program does not guarantee treatment, diagnosis, or a cure for any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

FINANCIAL OBLIGATION

Client is responsible for the completion of all payments and payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

When available, you may choose between a single payment or monthly payments. When available, if you opt for monthly payments, the first payment will be charged upon purchase or initiated after the trial period. Once payments have begun, you will remain responsible for remaining payments unless you obtain a refund according to the Program’s Refund Policy. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program. 

PAYMENT PLAN AUTHORIZATION 

When available, if You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card, or use bank transfer when possible, or other accepted payment systems, automatically according to the terms set forth in the Financial section above.

PROGRAM MATERIAL

As part of the Program or Product, the Company shall provide the following to Client.

Access To Program Area online – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, videos, audios, and other information. You shall have access to this Program Area for your lifetime as long as it is housed in the Program Area. In the event that the Company intends to close or move the Program Area, it shall provide clients with 30 days’ notice and the ability to download the resources contained in the Program Area.

Support Calls/Sessions – When available, in a Program, you will have access to the recordings of LIVE support calls/sessions. The Company shall provide you with details about how to participate in these calls/sessions.

INTELLECTUAL PROPERTY  

All content included as part of the Program, such as text, graphics, logos, images, videos, and audios, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program, except in the manner specifically suggested by the Company. 

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. If you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees - and the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any private information or data You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. 

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants, except as expressly authorized herein. 

Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

Client agrees not to violate the Publicity or Privacy Rights belonging to David Ellzey Unlimited, LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.

PERSONAL RESPONSIBILITY

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

AUTHORIZATION AND RELEASE

You understand that various Programs have LIVE video sessions and may be recorded. By purchasing a product with LIVE and recorded sessions in video or audio, you give your consent to be recorded, and if decided by the Company, for the recordings to be used for future David Ellzey Unlimited, LLC Programs and promotions in perpetuity. You understand and consent to these recordings and any likeness of you being used by The Company without compensation to you and as the sole property of The Company. You waive all rights to approve or otherwise control the use of said recordings and likeness. 

You also hereby release, discharge and agree to hold harmless the Producers from and against any and all liability, including, without limitation, claims for invasion of privacy or publicity, defamation or copyright infringement, resulting from their use of my Personal Information, and the Participation. You agree that your use of the Service is voluntary, and you assume complete responsibility for your actions in connection therewith.

You hereby warrant that You are over eighteen years of age and competent to contract in Your own name. You agree that this release shall be binding on you, your legal representatives, your heirs, and your assigns.

MATERIALS PROVIDED BY YOU DURING THE PROGRAM

The Company does not claim ownership of the information or materials that You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward. 

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

NO WARRANTIES

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

LIMITATION OF LIABILITY

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

ARBITRATION

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. 

To the extent that you attempt to assert any such claim, an attempt will be made to resolve any dispute relating to this Agreement through good-faith negotiation between the Parties. If not resolved, you hereby expressly agree to present such claim only through binding arbitration to occur in or near Chicago, Illinois, or to  the American Arbitration Association. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process.To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

TERMINATION AND ACCESS RESTRICTION

Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

ENTIRE AGREEMENT

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

SEVERIBILITY

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. As a result of any such acts above, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

EFFECTIVE DATE

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.