Private Sales Group

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of “Private Sales Group” outlined below (hereinafter “Client”) agree and willingly purchase entry into this coaching program, to be provided with services rendered by Dave Meltzer Enterprises (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach, including the automatic renewal terms and the following terms and conditions mutually agreed upon:

For good and valuable consideration of four hundred ninety-seven U.S. dollars ($497) Client has agreed to purchase an annual subscription to “Private Sales Group” or monthly subscription of ($50) (hereinafter “Program”). In exchange, Coach agrees to provide the services outlined below, and the Program Outline Addendum attached hereto.

Program Outline:

• Client agrees and understands that he/she is purchasing an annual subscription to the "Private Sales Group" Program, a group coaching opportunity with Coach, including pre-recorded videos, weekly live training, and opportunities to be coached 1:1 with David Meltzer on live training calls.
• Client acknowledges that he/she has read the Program Addendum and conducted any additional research necessary to feel he/she understands what is being provided as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on Coach’s website.  
• Program is not to be considered a substitute for therapy or medical treatment. Coach is not able to nor will he provide any sort of therapy, medical treatments, or other services that are completed by a medical professional. Program is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, Program is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below in the Program Outline Addendum. 

Confidentiality

• As a result of purchasing Program, Client will gain access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as digital copies of books, worksheets, processes, methodologies, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Program, and agrees not to share, copy, or distribute any documents or other proprietary information. Client agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach.

Testimonials 

• Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another Program created by Coach. If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or in other marketing materials. Coach will have all rights to use Client’s testimonial, likeness, and image on any and all marketing material, website, or in promotion of Program with no additional compensation provided to Client. Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.

Payment and Payment Plans

• Client understands the cost of the Program is four hundred ninety-seven U.S. dollars ($497) or monthly subscription of ($50) which is payable annually, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each year, and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full.
• Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands his/her access to Program will be forfeited unless and until the account is paid and made current, inclusive of any applicable late fees. Coach reserves the right to cancel Client’s access to should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach for access to Program.

Auto-Renewal Agreement

• Client understands and agrees that continued access to Program requires recurring annual payments of $497 or monthly subscription of $50, that will be made by Client on the same date on which Client initially purchased. By purchasing access to Program, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year, via the same card or manner in which the initial payment was made, for the following year of membership to Program. This process will repeat each year unless and until Client properly cancels his or her membership. 

CANCELATION POLICY:

• If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal may not be received in time, resulting in Client being charged for the following year. If this occurs, any decision to refund the balance will be made by Coach on a case by case basis. 

HOW TO CANCEL: 

• In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line SALES GROUP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Coach’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away. Once Client cancels, Program can no longer be accessed, and any and all materials not downloaded by Client will no longer be available. 
• IF Client purchased access to Program during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full annual amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period. 
• By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged. 

Refund Policy 

• If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5) and will not be billed again for Program. At Coach’s discretion, Client will also provide Client with a refund for that month’s subscription.

Technology

• Coach is not responsible for any specific technology you may need in order to adequately view and utilize Program. Client’s inability to access Program due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make annual payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).

Medical Disclaimer – Not Medical or Professional Advice 

• Program is not to be considered therapy or counseling, medical treatment or advice, and nothing within the Program is intended to provide or act as a substitute for mental health treatment. Client understands and agrees that Program offers instructional services in the field of personal development only. There are no therapy, treatment, or medical-based elements to Program, and it is not meant for those who are in need of (or think they may be in need of) medical services. Coach is not attempting nor suggesting Client enroll in Program in place of a personalized consultation with a medical professional in your geographical area.

Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in Program and is solely responsible for any outcomes or results. While Coach believes in his services and that Program is able to help many people, Client acknowledges and agrees that Dave Meltzer Enterprises is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications in his/her business or personal life. Client understands the purpose, goals, and limitations of coaching, and agrees he/she is desiring to move forward with participation. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Program and any results therein.

Disclaimer /No Guarantees

• Client understands and agrees that all products, services, content, and coaching is provided for educational and informational purposes only. Coach cannot make any representations or guarantees regarding individual results. Client will hold Dave Meltzer and David Meltzer Enterprises harmless if he or she does not experience the desired results. 
• Client understands that all services provided David Meltzer Enterprises are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Program and work with Coach on a purely voluntary basis and does not hold Coach responsible should Client become dissatisfied with any portion of Program. Use caution and always consult your accountant, lawyer, or other relevant professional advisor before acting on any information or coaching provided in Program, as Coach may not always know Client’s personal situation or needs. Client confirms he/she alone is responsible and accountable for his/her own decisions, actions, and results, and does not hold Coach responsible.
• Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired from Program, as long as Coach delivers the Program as advertised, and as described in the Addendum below.
• Client agrees to hold David Meltzer Enterprises harmless should any physical, emotional, or financial injury occur as a direct or indirect result of participation in Program. The content provided by Coach on his website and within the Program is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Coach responsible for.

Earnings Disclaimer: 

• Coach cannot and does not make any guarantees regarding Client’s ability to achieve success, get results, or earn any amount of money with Coach’s ideas, information, tools, and/or strategies contained within Program. Nothing contained within Program is a promise or guarantee of results or future earnings. Any financial numbers referenced in testimonials, within Program content, or outlined by Coach in coaching sessions are individual results and made to illustrate concepts only; they should not be considered average earnings, exact earnings, or promises for actual or future performance. Any client results that go beyond average will be labeled as “not typical” in order to ensure compliance with all applicable FTC regulations regarding truth in advertising.

Intellectual Property 

• Client agrees and understands that Coach has created numerous original, creative works in connection with Program, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Program, whether created prior to or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, Coach’s methodologies, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees he/she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
• Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in Program without refund, as well as access to any additional materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. 

Licensee Rights: Coach’s Limited License to Client: 

• Client understands that in purchasing the Program, she/he is gaining access to view all content and information included. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
• Copy, edit, distribute, duplicate or steal any information or any Content obtained without written permission by Coach;
• Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
• Share purchased materials, information, content with others who have not purchased them.
• Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

Indemnification

• Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

Dispute Resolution 

• Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
• If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Orange County, California within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

• This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

Amendments

• This agreement may be altered by Coach from time to time, due to passage of additional relevant laws or regulations, updates in Program, or changes to Dave Meltzer Enterprises. While we will do our best to advise all clients of material changes made to these Terms of Use, it is Client’s responsibility to periodically check these Terms of Use. Continued use of Program shall serve as an intentional act of agreement to these Terms as they are updated.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing an annual subscription to Program. While the below is subject to change, at the time of purchase, Program includes access to the following:

• Tactical worksheets, guides, and coaching homework designed to outline key points and generate thought and discussion for the live weekly training
• In-depth video training course comprised of 7 core lessons and hours of content.
• Access to a private Facebook community for Program members only, featuring weekly content and communication
• Weekly LIVE Q&A sessions with Coach, with the opportunity for 1 on 1 access to Coach if selected (though not guaranteed).
• E-Book package, including three (3) books written by David Meltzer: “Connected to Goodness,” “Compassionate Capitalism,” and “Be Unstoppable.”