Blizzard and Zimmerman Education – Freedom From Prison Course
Terms And Conditions
Effective date: 1/20/2021
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our course products.
Terms of this Course and Course Purchaser Agreement
All programs, products, courses or services are owned and provided by Blizzard and Zimmerman, P.L.L.C. (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (collectively “Courses”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time and will update them accordingly with the ‘date last updated’ at the top of this page.
By purchasing and participating in the Course you are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at email@example.com and we will make reasonable efforts to remove your name, email and access to our Course and website(s).
Your Course Use and Consent
When you purchased a Course from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Course through payment plan, full payment or use of the course under any permission, and further access of the Course, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. By purchasing the course, you represent and warrant that you are at least 18 years old or of legal age in your applicable jurisdiction to access the Course. Access of our Course(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Course, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Course, including any materials, videos, documents, and other items provided by the Company. Your purchase of any Course only entitles you to view that Course in accordance with the foregoing License and is not a purchase of the software or content constituting or included in the Course. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, Blizzard & Zimmerman, P.L.L.C., you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course(s). You may, however, from time to time, download and/or print one copy of the documents in the Course for your individual use, provided that you keep intact all copyright and other proprietary notices. The materials provided may be used in conjunction with one person with whom you have a close familial or established friendship who is incarcerated or has a criminal conviction seeking to be overturned. You may only use them for yourself and for one such described person.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the Course at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Course with no refund of fees.
Fees and Refunds
Fees. Fees for Courses are set forth on the Course Website. We reserve the right to change Course Fees at any time.
Refunds. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Course. We offer a 3-day money-back guarantee refund period for purchases of courses. You must submit your refund request by the 3rd day following the purchase at 11:59 CST in writing to firstname.lastname@example.org. All other requests of refund will not be warranted. If you request a refund after the 3rd day, you will not be granted a refund.
We will NOT provide refunds more than 3 days following the date of purchase. After day 3, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 3 days, you are required by law to complete the remaining payments of your payment plan.
Recurring Payments. If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third-party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
You have the unilateral right to terminate your use and access to any of our Course(s). Please send an email to email@example.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Blizzard & Zimmerman, P.L.L.C. or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Course is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
Request for Permission to Use Content. Due to the unique nature of the content, permission will not be granted.
Civil and Criminal Penalties. Even though our Courses are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Texas by opting into or purchasing any Course or accessing its related communications and/or materials.
Your Materials and Contributions
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course, conduct Question and Answer sessions and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Course(s) or related materials, and we reserve the right to disclose your participation in the same.
Model Release. You must own the copyright to any image(s) you use in our Course or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Course, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use. We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
Security and Assumption of Risk
Security. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as PayPal and Stripe. By utilizing these payment processors to gain access to the Course, you indemnify us and instead assume any and all risk or liability for the security of the payment details and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no legal right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. Because your information is not legally confidential, any information which you wish to keep confidential should not be sent or communicated to us, unless we have agreed to have a potential client consultation or established an attorney-client relationship with you as set out below. The best way for you to initiate possible representation is to contact us directly so that we can explain the steps that must be followed to seek possible retaining of Blizzard & Zimmerman, P.L.L.C. as your attorney. If you have a potential client consultation or become a client of ours and establish an attorney-client relationship with us, your information is legally confidential and may be shared with us freely.
No Attorney-Client Relationship. By purchasing any Course by Blizzard & Zimmerman, P.L.L.C., you understand you are not establishing an attorney-client relationship with Blizzard & Zimmerman, P.L.L.C. You are purchasing an educational course only. By purchasing a course from Blizzard & Zimmerman, P.L.L.C. you understand that none of the duties an attorney has to a client apply to you, because no attorney-client relationship is established. You are not retaining Blizzard & Zimmerman as your law firm or as a lawyer for yourself or for anyone else.
Strategy Session / Writ Review. The strategy sessions or writ reviews or other similarly worded one-on-one sessions are one-on-one instructional sessions. Blizzard & Zimmerman, P.L.L.C. is conducting these sessions in the furtherance of your education at your request to assist you in understanding the material better, answering questions, and addressing specific concerns you may have with the material. They are not potential client consultations, and no attorney-client relationship is formed without a written agreement establishing one.
Potential Client Consultation. If you have a scheduled potential client meeting with an attorney in-person or by phone seeking the services of Blizzard & Zimmerman, P.L.L.C. as your attorney or as an attorney for someone else, only then do the duties and privileges of an attorney-client relationship apply to that consultation.
Establishing an Attorney-Client Relationship. Purchasing a course does not engage Blizzard & Zimmerman, P.L.L.C. as your attorney(s). You may engage the services of Blizzard & Zimmerman as your attorney or an attorney for someone else, but only by a separate written agreement unrelated a course purchase. An attorney-client relationship may be established only through the signing of a written retainer agreement to engage the legal services of Blizzard & Zimmerman, P.L.L.C. Such legal services are governed exclusively by that written agreement.
Assumption of Risk. By accessing our Course(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
Example Writs and Go-Bys. The Course Materials and the Brief Bank contains references to, and case studies of, prior matters and legal actions. These references are intended as a general informational service only. Case studies and any other description of matters and legal actions are not intended, and should not be taken, as legal advice as to whether such materials, examples, or outcomes may be suitable or apply in your situation or in the situation of another person. Any result that a particular attorney may have achieved on behalf of a particular client in a particular matter or legal action does not guarantee or otherwise indicate a likelihood that a similar result can be obtained in the future without reference to the specific factual and legal circumstances of each case.
From time to time, examples and go-bys in the Course may include reference to matters and legal actions involving one or more attorney(s) in one or both of the following situations: (a) for such attorney(s) currently associated with Blizzard & Zimmerman, P.L.L.C., services provided before such attorney(s) became associated with this firm; or (b) for such attorney(s) no longer associated with this firm, services provided while such attorney(s) was associated with this firm.
The Course benefits include access to all of the videos, materials, documents, and other items which are hosted on the selected platform for the Course. Access to this information is unlimited, except as otherwise stated in these terms and conditions. The Course also maintains an exclusive “members only” Facebook group or other similarly hosted group for members of the Course. Here members may ask questions of instructors or other members of the Course. Access to this group may be limited, or you may be excluded from the group, if you violate the rules of the hosted group by being abusive, spamming, self-promoting, or otherwise violating Facebook rules or other rules as listed and updated in the group from time to time. No refund is given if a rule violation results in your access being limited or you are excluded from the group. The Course also provides once per week, one-hour session group call for members to ask questions related to the Course. From time to time due to holidays, sickness, or other scheduling issues group calls may be rescheduled or canceled. Any changed or canceled group calls do not entitle you to any refund.
Brief Bank Add-On
The Brief Bank or similarly worded Course add-on is provided as an additional purchasable benefit. The brief bank contains documents, examples, lists, and other items that will assist in the educational value of the material provided in the Course. The Brief Bank may be updated from time to time to modify, add, or remove items within it for accuracy and helpfulness to you. Access once purchased is unlimited, except as otherwise stated in these terms and conditions.
Your Purchase of the Course entitles you to one-year of access to the content, the materials, the group calls, and the associated Facebook group. You may renew your access to the Course through a payment of an annual payment of $250 or 10% of the original cost of the course, whichever is less. The Company provides access to Course with the purchase of the Course on an ongoing annual basis, defined as so long as the Company is providing support and access to the Course. Should the Company decide to terminate the Course, the Company agrees to provide reasonable notice such that You may access and secure the content once the Company has ceased to provide support and or access to the Course.
The Company’s providing annual access is at will and at no time are you offered or provided a refund should the Company decide to terminate the Course.
General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, lost legal action, continued incarceration, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not offering attorney-client services and you expressly agree we are not acting in any attorney-client relationship or other fiduciary capacity during the term of this Course. This Course is for educational purposes only. None of the Course or its related material(s) should be construed as legal advice.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you.
Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Course(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider, such as Kajabi, where we host our courses.
Errors and Omissions. This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at firstname.lastname@example.org.
Indemnification, Limitation of Liability and Release of Claims
Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Course(s).
Limitation of Liability. Blizzard & Zimmerman, P.L.L.C. and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Course(s). We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Course(s) and related material(s).
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Course, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Course(s), the laws of Texas shall apply. Venue shall be in a District Court of Taylor County, Texas.
Non-Disparagement. If you are found to be slandering, libeling or otherwise disparaging our Company, Course(s) or related materials, you will be immediately removed from the Course(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by the Company.