IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING EZ MESSENGER SITES OR COURSES ON NALLEY, DBA EZ MESSENGER, DBA DUSTIN NALLEY, AND DBA EZ AFFILIATE OR PROPRIETARY SYSTEMS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH NALLEY SERVICES. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:

- YOU HAVE READ THIS AGREEMENT,

- YOU UNDERSTAND IT, AND

- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.

This Agreement (“Agreement”) is a legal contract between Nalley, LLC. located at [Your Business Address], and the Student.

WHEREAS, Nalley, LLC. is engaged in the business of marketing and client coaching services; and

WHEREAS, YOU desire to engage Nalley, LLC. to provide business training to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;

NOW, THEREFORE, the Parties agree as follows:

SECTION 1: Membership and Program Fees

1.1. Programs:

Under the terms of this Agreement, Nalley, LLC. agrees to provide business training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee. Programs are ONGOING MEMBERSHIP which includes:

- Access to Nalley, LLC. training modules

- Access to secret Nalley, LLC. groups

- Access to support call & replays

1.1.2. Term:

The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING Nalley, LLC. membership, if applicable.

1.1.3. Termination:

Nalley, LLC. may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.

1.2. Membership Fees:

By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Nalley, LLC. on an ongoing monthly, payment plan, or annual basis according to the membership option chosen for any of our softwares, courses, coaching programs or done-for-you services. The amount shall be charged out on a recurring basis until cancelled by yourself. Cancellation of membership shall result in removal from accessing softwares upon the end of the current billing cycle, and for services the immediate removal of access to any applicable Facebook groups and access to all training modules, or services.

1.3. Promotional Material:

By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Nalley, LLC., YOU affirmatively agree and acknowledge that Nalley, LLC. may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).

1.4. Support Calls:

The support calls shall be recorded and shared with existing and future Nalley, LLC. students. All private material shall be kept confidential should the material ever be published outside of Nalley, LLC. By accepting the terms of this Agreement and requesting assistance for your own campaigns or your client’s campaigns, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.

1.5. No Refunds:

Nalley, LLC. abides by a strict, no refund policy for coaching programs and software subscription fees already paid. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Nalley, LLC. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.

SECTION 2: NO WARRANTIES

2.1. Success not Guaranteed:

By accepting the terms of this Agreement, YOU agree and understand that Nalley, LLC. provides Program(s) related to training only and guarantees no specific results. YOU take full responsibility for YOUR own success.

2.2. Limited Liability:

In no event will Nalley, LLC. be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if Nalley, LLC. has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

SECTION 3: Confidentiality

3.1. Confidentiality:

Only authorized users, who have duly obtained access to any Programs offered by Nalley, LLC. by personally agreeing to the terms of this Agreement, are permitted to use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

3.2. Intellectual Property:

YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of Nalley, LLC. under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Nalley, LLC. and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Nalley, LLC. whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Nalley, LLC. uses in connection with services rendered by Nalley, LLC. are marks owned by Nalley, LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

SECTION 4: Miscellaneous

4.1. Non-transferability:

The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.

4.2. Indemnification:

YOU will, at your own expense, defend, indemnify, and hold Nalley, LLC., its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.3. Integration:

This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Nalley, LLC. concerning any applicable programs or services, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Nalley, LLC. relating to the Programs, whether oral or written.

4.4. Amendment:

Nalley, LLC. reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at [Your Website URL].

4.5. Governing Law:

This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America.

BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.

Copyright 2024 | Nalley, LLC. DBA EZ Affiliate, DBA Dustin Nalley, DBA EZ Messenger | All Rights Reserved