Terms of Service
Last Updated on Jan 5th, 2025
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.CLICKFUNNELS.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 11, 17, 18, AND 19). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 19. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.elitefunnelsolutions.com or other sites to which these Terms are linked (each, a “Website”), owned and maintained by Elite Funnel Solutions LLC (“we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND ELITE FUNNEL SOLUTIONS. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY ELITE FUNNEL SOLUTIONS, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
NAVIGATING THROUGH THESE TERMS
You can use the links below to navigate to areas of these Terms that apply specifically to you, or which may otherwise be of interest:
1. Website Use
21. Termination
22. No Waiver
24. Force Majeure
25. Assignment
29. Severability
30. Entire Agreement
31. Contacting Us
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
We recognize in certain instances, the Website may be accessed by youth under the age of 18. In these instances, by accessing the Website, you are affirming that your parent or guardian, of at least 18 years old, has given requisite verifiable consent for you to do so and that they agree to these terms on your behalf.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Elite Funnel Solutions trademark and logo are proprietary marks of Elite Funnel Solutions, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Elite Funnel Solutions.
Subject to your continued strict compliance with these Terms, Elite Funnel Solutions provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Elite Funnel Solutions softwares over the Website, Elite Funnel Solutions provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Elite Funnel Solutions; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Elite Funnel Solutions; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. If you choose to purchase the use of an image from Shutterstock through the Elite Funnel Solutions platform, you will be given a limited, non-exclusive, non-sublicensable, non-transferable license by Shutterstock to use those image(s) such that you can re-use said image(s) solely on the associated Elite Funnel Solutions account related to said purchase, and only as long as you do not breach these Terms or that of Shutterstock. Images cannot be used in a shared funnel, downloaded outside of the Elite Funnel Solutions platform or used within any other Elite Funnel Solutions account. To the extent you breach any of the terms referenced herein, your rights will be immediately terminated without notice.
You agree not to use or attempt to use the Website or any software provided by Elite Funnel Solutions, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Elite Funnel Solutions. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
- HARMFUL OR PROHIBITED ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Elite Funnel Solutions’ reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of Elite Funnel Solutions or any third party
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Elite Funnel Solutions’ reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
- SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Elite Funnel Solutions, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
- ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.
In addition to the foregoing, Elite Funnel Solutions requires you to follow these best practices when sending electronic communications: We build your funnels using the Clickfunnels software so when using your businesses please stick to the following...
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
- Comply with all requests from recipients to be removed from your mailing list within the earlier of ten (10) days of receipt of the request, or the deadline under applicable law.
- Maintain, publish, and comply with a privacy policy that meets all applicable legal requirements, whether or not you control the sending of the electronic communications.
- Include in each electronic communication a link to your then-current privacy policy applicable to that electronic communication.
- Include in each electronic communication your valid physical mailing address or a link to that information.
- Do not send electronic communications to addresses obtained from purchased or rented lists.
- Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
- Do not routinely send electronic communications to non-specific addresses (e.g., webmaster@domain.com or info@domain.com).
- Do not engage in spamming.
- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
- Do not send to lists of addresses that are programmatically generated or scraped from the Internet.
- Do not employ sending practices, or have overall message delivery rates, which may cause harm to our services or other users of our services.
- Do not send messages that may be considered junk mail. Some examples of these types of messages include, but are not limited to, messaging related to penny stocks, gambling, multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing), direct to consumer pharmaceutical sales, and payday loans.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of Elite Funnel Solutions or otherwise.
AI-Generated Content Disclaimer:
Using AI tools to create marketing content is an option we make available to you. You may provide input to an AI system (the "System") and receive output generated based on your input. Collectively, the input and output are referred to as "AI Content."
As between the parties and to the extent permitted by applicable law, you own all input to the System. Subject to your compliance with these terms, we assign you all rights, title, and interest in the output provided by the System in response to your specific input. You are free to use this AI Content for any purpose, including commercial purposes, provided you adhere to these terms and comply with all applicable laws.
User Responsibility for AI-Generated Content:
You are solely responsible for any AI Content created using any AI system, including its accuracy, legality, and appropriateness for your specific use case. It is your responsibility to conduct thorough research and due diligence to ensure the information you provide to your customers through your funnels is accurate and compliant with applicable laws and regulations.
Elite Funnel Solutions will not be held liable for any sales copy, marketing content, or other materials generated by AI tools and used within your funnels. By using AI-generated content, you agree to indemnify and hold Elite Funnel Solutions harmless from any claims, damages, or liabilities arising from the use or dissemination of such content.
Due to the nature of machine learning, output generated by AI systems may not be unique and may resemble content provided to other users. You acknowledge that AI tools are constantly evolving, and as such, outputs may contain inaccuracies, legal deficiencies, or other errors. You must independently evaluate and verify any AI Content before use to ensure it meets your specific needs and standards.
AI Usage Restrictions:
You agree not to:
- Use AI tools or their output in a manner that infringes, misappropriates, or violates any rights of any person or entity.
- Reverse engineer, decompile, or otherwise attempt to discover the source code, models, algorithms, or underlying components of any AI system.
- Use AI-generated output to develop competing models or systems.
- Misrepresent AI-generated output as human-generated or violate any terms or policies of the AI tool provider.
- Buy, sell, or transfer access keys or credentials to AI tools without proper authorization.
- Use AI tools to process personal information of children under 13 (or the applicable age of digital consent) in violation of applicable law.
- Use AI tools in jurisdictions where their use is not legally permitted.
You are also required to comply with any usage limits or other restrictions outlined in the documentation provided by the AI tool provider.
Important Note:
By using AI tools to create content, you accept full responsibility for the outputs generated and their impact on your business. Elite Funnel Solutions provides access to these tools as-is and disclaims any warranties, guarantees, or liability for the content created through AI systems.
SECTION 3 - OUR PRIVACY STATEMENT AND YOUR PERSONAL INFORMATION
At Elite Funnel Solutions, we respect your privacy and prioritize the protection of your personal information. The collection, use, and safeguarding of your non-public, personal data are governed by our Privacy Statement.
By using our Website, you acknowledge and agree that your submission of personal information is subject to the terms outlined in our Privacy Statement, which can be accessed at Elite Funnel Solutions Privacy Policy.
Elite Funnel Solutions reserves the right to update or modify our Privacy Statement at our reasonable discretion. Any changes will take effect as outlined in the updated statement. By continuing to use our services, you accept and agree to the terms of the updated Privacy Statement as applicable.
Your trust is important to us, and we are committed to maintaining transparency regarding how we handle your personal information.
SECTION 4 - INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; RESTRICTIONS ON SHARING AND DISTRIBUTION OF FUNNEL DESIGNS
As a user of Elite Funnel Solutions, you are required to create an account with us. By doing so, you warrant that the information you provide is truthful, accurate, and not impersonating another person. You are solely responsible for maintaining the confidentiality of any password used to access your Elite Funnel Solutions account. You agree not to share, transfer, or lend your password, username, or account access to any third party.
Additionally, you are responsible for safeguarding any proprietary or non-public information we share with you as an Elite Funnel Solutions user. This includes but is not limited to technical details, pricing information, business strategies, and data related to other Elite Funnel Solutions users or their customers.
The use of our funnel designs is strictly limited to your own business website. You are prohibited from selling, distributing, or offering “share funnels” created through Elite Funnel Solutions for use by others, whether for free or for a fee. Funnels created with Elite Funnel Solutions are exclusively for your individual business purposes and may not be shared or hosted on behalf of third parties.
If your usage data indicates, at Elite Funnel Solutions’ sole discretion, that you are distributing or hosting funnel designs for third-party use in violation of this agreement, your account may be subject to termination or additional fees, at our discretion.
You are fully responsible for all activity and transactions conducted through your Elite Funnel Solutions account. If you become aware of unauthorized use of your password, username, or account, or any other security breach, you agree to notify us immediately.
Elite Funnel Solutions is not liable for any loss or damage resulting from your failure to comply with these obligations. By using our services, you agree to hold Elite Funnel Solutions harmless from any such incidents.
For additional information, please refer to Section 21 of this agreement.
SECTION 5 - ORDER PLACEMENT, PAYMENT, AND ACCEPTANCE
If you order funnel-building services or related products from Elite Funnel Solutions, full payment must be received before your order is accepted and before the business owner generates any profits from the site unless otherwise mutually agreed upon in writing by both parties. Additionally, any software or tools sold by Elite Funnel Solutions must be paid for in full prior to their use on your business website.
We may require additional information if any required details are missing or inaccurate, and we reserve the right to cancel or limit an order at any time after it has been placed. Your electronic order confirmation or any other form of acknowledgment does not constitute acceptance of your order. To modify or cancel a pending order, you must contact us immediately at support@elitefunnelsolutions.com. However, we cannot guarantee that your order will be amended according to your instructions.
All products and services are subject to availability. If an item is unavailable, we will notify you of its expected availability date and may offer an alternative product or service. If delays occur and you do not wish to accept a substitute, you may request cancellation of your order. In such cases, if payment has already been processed, your payment will be fully refunded for the specific order.
Elite Funnel Solutions reserves the right to limit the sale of its products and services to any individual, geographic region, or jurisdiction. We may exercise this right at our sole and exclusive discretion on a case-by-case basis.
Your purchase of products and services is conditioned upon your re-affirmation of acceptance of this agreement.
All advertised prices are in, and all payments shall be made in, U.S. Dollars.
SECTION 6 - REFUND POLICY FOR ELITE FUNNEL SOLUTIONS
Elite Funnel Solutions primarily sells digital products and services. Occasionally, we may sell physical items such as books (“hard goods”). Refunds for all products are subject to the following conditions unless otherwise specified on the sales website:
Refunds for Digital Products:
Refunds for digital products are allowed only if requested in writing via email within thirty (30) days of purchase. Requests must be sent to support@elitefunnelsolutions.com. If videos have been created, templates have been used, or services have been delivered, a partial refund may be issued at the sole discretion of Elite Funnel Solutions unless a full warranty or guarantee has been explicitly offered on the sales website where the purchase was made.
Refunds for Hard Goods:
Refunds for hard goods are subject to these additional conditions:
- You must request a refund in writing via email within thirty (30) days of your purchase.
- Hard goods must be returned immediately following the shipping and return instructions provided by Elite Funnel Solutions.
- Returned hard goods must be in like-new or re-sellable condition, as determined by Elite Funnel Solutions at its sole discretion.
Please note that all refund determinations made by Elite Funnel Solutions are final. For further assistance, contact support@elitefunnelsolutions.com.
SECTION 7 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Elite Funnel Solutions offers a range of software services for online businesses, including Funnel Mapping Pro, Vid Master Pro, Sketch Master Pro, Toon Master Pro, and Funnel Templates Pro. Each of these services may include a trial period as described below.
Trial Period and Enrollment:
Where a free trial is offered, the trial period will begin immediately after registration and continue for the duration specified on the Elite Funnel Solutions website at the time of registration. Free trial subscriptions are available only to new users of the specific software and are limited to the periods described at registration. Users who have previously subscribed or used a free trial for any Elite Funnel Solutions software are not eligible for another free trial for the same software.
To activate the trial period, a valid credit card must be provided at registration. The card will be tested but not charged during the trial period. At the end of the trial period, unless the subscription is canceled as outlined below, the card on file will be charged the full subscription fee, and the user will gain full access to the software.
Trial End Notifications:
Elite Funnel Solutions will notify users by email at least 7 days before the trial period ends. To avoid charges, users must cancel their subscription at least 24 hours before the trial period ends by submitting a cancellation request to support@elitefunnelsolutions.com or canceling through the Account Dashboard.
Subscription Charges:
If the subscription is not canceled within the required timeframe, it will automatically continue, and the payment card provided will be charged the full subscription fee as listed at the time of registration. Subscriptions are billed on a recurring basis until canceled. Elite Funnel Solutions reserves the right to change subscription rates at any time, with prior notification sent via email.
Cancellation Policy:
If you wish to cancel your subscription after the trial or discounted period ends, you must submit a cancellation request via email to support@elitefunnelsolutions.com or through your Account Dashboard.
- Monthly Subscriptions: A cancellation notice must be submitted at least ten (10) days before the next billing cycle. If a cancellation request is received less than ten (10) days before the billing cycle begins, the card on file may still be charged, and no proration or refund will be provided for the remaining month.
- Annual Subscriptions: A cancellation notice must also be submitted at least ten (10) days before the next subscription year begins. Refunds will not be issued for unused portions of the subscription year, but a credit may be applied toward other Elite Funnel Solutions services.
Cancellation Fees:
If the subscription was discounted during a trial or promotional period, Elite Funnel Solutions reserves the right to charge a cancellation fee equal to the value of the discount provided.
For further inquiries or assistance, please contact support@elitefunnelsolutions.com.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
An Elite Funnel Solutions client is responsible for paying all fees associated with the funnel-building services and software subscriptions they purchase, as outlined in these Terms. These fees may include one-time setup fees for funnel design services and ongoing monthly subscription fees for access to software services and the template membership site.
The initial fee for funnel-building services is due before any profits are made from the client’s business website, unless mutually agreed otherwise in writing. Payment for subscription-based software services must also be made before usage is permitted. After the trial period for any subscription service ends, and if no cancellation has been made, recurring payments will be automatically charged to the payment method provided.
Payment Terms and Obligations:
- Payment details, including credit card or debit card information, will be securely collected during the transaction process.
- Clients are responsible for ensuring that sufficient funds are available to cover recurring fees, including applicable taxes.
- Recurring payments will include monthly or annual subscription fees, any accumulated charges, and applicable taxes (collectively, “Fees”). Failure to use the services provided does not relieve the client of their obligation to pay.
Automatic Subscription Renewal:
By purchasing software services or subscriptions, clients expressly consent to Elite Funnel Solutions using negative option billing. This means that unless canceled, subscriptions will automatically renew on a monthly or annual basis and be charged to the payment method on file.
If a payment cannot be processed, Elite Funnel Solutions reserves the right to charge a lesser amount to pause the account while attempting to collect updated payment information. During this pause, access to services may be restricted until payment is resolved.
Cancellation Policy:
- Clients wishing to cancel their subscription must provide notice at least ten (10) days before the next billing cycle.
- Cancellation requests can be made via the Account Dashboard or by emailing support@elitefunnelsolutions.com.
- Charges may continue until the cancellation process is fully completed, and no refunds will be provided for any remaining period unless explicitly stated.
Non-Payment and Termination:
Elite Funnel Solutions reserves the right to suspend or terminate services for unpaid fees. Termination does not absolve clients of their obligation to pay outstanding balances. If necessary, Elite Funnel Solutions may initiate collection processes, and clients will be liable for all associated costs, including legal fees.
Taxes and Additional Charges:
In addition to the Fees, clients may be charged applicable taxes or value-added tax (VAT) based on their location.
By proceeding with your purchase of Elite Funnel Solutions’ services or software, you acknowledge and agree to these payment terms and conditions.
SECTION 9 – SHIPPING AND HANDLING POLICY
Unless otherwise specified at the time of purchase on the Elite Funnel Solutions website, any physical products we ship may include applicable shipping and handling fees added to your order. We will make commercially reasonable efforts to process and fulfill your order within a reasonable time after receiving your completed and verified order.
Shipping Details:
- An accurate shipping address and phone number must be provided to ensure proper delivery.
- While we may provide estimated delivery or shipment dates, these are good-faith estimates and may be subject to change.
- If there is a delay in processing or shipping your order, we will notify you at the email address provided during your order placement.
- Should we be unable to contact you or if you prefer to cancel your delayed order, we will cancel it and issue a full refund.
Limitations of Liability:
We are not responsible for any loss, damage, cost, or expense resulting from delays caused by third-party carriers or delivery services not owned or operated by Elite Funnel Solutions.
Transfer of Risk:
The risk of loss and ownership of shipped items transfers to you upon our delivery of the product to a third-party carrier.
By placing an order, you agree to these terms regarding shipping and handling. For any questions or concerns about your shipment, please contact us at support@elitefunnelsolutions.com.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
The products, services, and prices offered by Elite Funnel Solutions are listed on our official website and related pages. These offerings include, but are not limited to:
- Funnel-building services tailored to entrepreneurs and businesses, including strategy, design, and implementation.
- Software products such as Funnel Mapping Pro, Vid Master Pro, Sketch Master Pro, Toon Master Pro, and Funnel Templates Pro, which enhance online business operations.
- Membership access to our template library and other exclusive digital resources.
Prices, specifications, and availability of these products and services are subject to change without notice. Elite Funnel Solutions reserves the right to discontinue products or services or to modify their specifications and pricing at any time without obligation to prior customers. Changes in pricing for subscription services will take effect after providing notice via email.
By purchasing or subscribing to our products or services, you agree to the following:
- If you downgrade your subscription, the change and corresponding price adjustment will take effect on the first day of the next billing cycle.
- Any future price changes for ongoing services will be communicated to you via email and will take effect on the first day of the following month.
- You authorize Elite Funnel Solutions to charge your account for the services selected, including any updated pricing after email notification.
Refund and Accuracy Policies:
We strive to ensure that our prices and product descriptions on the website are accurate and up-to-date. In cases where the correct price of a product is higher than the stated price, we may either contact you for further instructions or cancel your order and inform you of the cancellation.
While we aim for accuracy in all descriptions, services, and product packaging, Elite Funnel Solutions does not warrant that every description or depiction is error-free or perfectly matches the delivered product. Sales are final, except as outlined in Section 6 of these Terms.
Proprietary and Confidential Programs:
If you participate in any premium programs or memberships offered by Elite Funnel Solutions, the content, materials, and information provided are proprietary and confidential. You agree not to share or distribute any materials, teachings, or proprietary information acquired through these programs without explicit written permission.
By continuing to use our services or placing orders, you agree to these terms and conditions. If you have any questions about our offerings, please contact us at support@elitefunnelsolutions.com.
SECTION 11 – DISCLAIMER: YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY
Every online business is unique, employing different strategies, organizational structures, products, and services. As such, Elite Funnel Solutions acknowledges that individual results will vary from user to user. The success of your business will depend on various factors specific to your circumstances, including your content, business model, marketing efforts, and product or service offerings.
Elite Funnel Solutions does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and agree that we will not provide sales leads or referrals for your business. Those who purchase our products or services gain access to video creation software, tools, and templates designed to enhance their online presence and sales potential. However, due to many market factors beyond our control, these resources may not apply to every business or lead to measurable success.
We do not make claims regarding earnings, efforts, return on investment, or specific monetary outcomes resulting from our products and services. It is possible that you may not recoup your initial investment. We do not sell a "get rich quick" program, a guaranteed system, a franchise model, or a business-in-a-box. If your expectation is guaranteed results or minimal effort, our offerings may not meet your needs. Instead, our products and services require time, effort, and strategic application to see results, which may vary depending on individual circumstances.
Additionally, Elite Funnel Solutions does not offer tax, accounting, financial, or legal advice. For such matters, you should consult with qualified professionals such as your accountant, attorney, or financial advisor to determine the best course of action for your business.
By purchasing our products and services, you acknowledge and accept that the responsibility for your business’ success rests solely with you.
SECTION 12 – YOUR RESPONSIBILITIES IN RUNNING YOUR BUSINESS
You represent and warrant that you operate a business in good standing and agree that there are no prior or pending government investigations, lawsuits, or prosecutions against you or your business. Additionally, you agree that you and your business will only use Elite Funnel Solutions’ products and services—including our video creation software, template membership site, and custom funnel design services—for lawful purposes. You agree not to use these products or services, whether alone or in combination with other tools, for any unlawful or harmful activities.
You are solely responsible for ensuring that your business complies with all applicable laws and regulations, including but not limited to:
- Laws governing advertising and marketing claims
- Subscription practices and refund policies
- Use of premium offers
- Collection and remittance of sales and use taxes
- Tax laws and regulations relevant to your jurisdiction
- Any other laws applicable to the operation of your business
Should your business become the subject of an investigation, lawsuit, or government inquiry, you agree to notify Elite Funnel Solutions immediately. In such an event, we reserve the right to terminate this agreement without liability. Elite Funnel Solutions assumes no liability for any legal violations by you or your business.
You are solely responsible for collecting, reporting, and remitting any taxes applicable to sales of products, services, or memberships offered by your business. This includes taxes related to video creation software, membership fees for our template site, custom funnel designs, or any other services you offer, including voluntary donations from customers. Elite Funnel Solutions will not collect or report any taxes on behalf of your business.
In the event your business violates any applicable laws and a claim is brought against Elite Funnel Solutions, you agree to indemnify us as outlined in Section 21 of these terms. By using our products and services, you acknowledge and accept these responsibilities.
SECTION 13 – VOLUNTARILY SUBMITTED INFORMATION
Elite Funnel Solutions values feedback from our users and customers and welcomes your comments regarding our products and services. Testimonials and/or product reviews may be used in whole or in part, along with the name, city, and state of the person submitting them. Testimonials may be utilized for promotional or informational purposes relating to Elite Funnel Solutions’ products and services—including our video creation software, template membership site, and custom funnel designs—across printed and online media, as determined at our sole discretion.
Please note that testimonials reflect the unique experiences of the individuals and businesses submitting them and do not necessarily represent the typical experience you or your business may have using our products or services. As noted in Section 11, your results will vary depending on factors unique to your business and external market conditions beyond Elite Funnel Solutions’ control.
By submitting testimonials, photographs, or other information to us, you agree that this content will be treated as non-confidential and nonproprietary. By providing such materials, you grant Elite Funnel Solutions a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them. This license includes, but is not limited to, the right to correct grammatical errors, edit for length, and review all submissions prior to publication. Elite Funnel Solutions is not obligated to use any testimonial or review, in whole or in part.
If you voluntarily provide your mobile phone number on a website owned or controlled by Elite Funnel Solutions, you consent to receive automated and/or manual text messages about our products, services, and events. You can opt out of receiving text messages at any time by responding with “STOP.” This is the agreed-upon method for withdrawing consent for text communications. Standard message and data rates may apply.
SECTION 14 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
The Elite Funnel Solutions website, services—including video creation software, template membership site, and custom funnel designs—and all related content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no, and expressly disclaim all, representations and warranties regarding the reliability, timeliness, quality, suitability, availability, accuracy, and completeness of any information, products, or services offered on our website. Specifically, we do not warrant or represent, and expressly disclaim, that:
- The use of the website, software, or services will be secure, timely, uninterrupted, or error-free, or that they will operate in combination with any other hardware, software, system, or data;
- The website, software, or services will meet your specific requirements or expectations;
- Any data you store with us will be accurate, reliable, or free from unauthorized access;
- The quality of any products, services, software, or other materials you purchase or obtain through our website will meet your standards or expectations;
- Any errors or defects on the website, software, or services will be corrected; or
- The website or the server(s) that host it are free from viruses, malware, or other harmful components.
All conditions, representations, and warranties, whether express, implied, statutory, or otherwise—including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights—are hereby disclaimed to the fullest extent permitted by law.
If any users access Elite Funnel Solutions websites, services, or software that are in a beta-testing stage, pre-launch phase, or trial phase, they acknowledge that such versions may not have fully vetted security protocols and could have vulnerabilities. By using any beta-stage services, you assume full risk for any data breaches or issues arising from such usage. You further agree to defend, indemnify, and hold harmless Elite Funnel Solutions for any claims or disputes resulting from your use of beta-stage offerings.
SECTION 15 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL ELITE FUNNEL SOLUTIONS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, THE SERVICES OR PRODUCTS OFFERED, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF OUR WEBSITE, SOFTWARE, SERVICES, OR PRODUCTS, REGARDLESS OF WHETHER ELITE FUNNEL SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, PROFITS, DATA, GOODWILL, OR THE COST OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE CAUSE OF SUCH DAMAGES AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL ELITE FUNNEL SOLUTIONS’ TOTAL LIABILITY TO YOU OR YOUR BUSINESS EXCEED THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ELITE FUNNEL SOLUTIONS FOR THE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE FACTS GIVING RISE TO A CLAIM OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 16 – RESOLUTION OF CLAIMS: ARBITRATION AND CLASS ACTION RESTRICTIONS
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS AND THE RIGHTS OF YOUR BUSINESS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR PRODUCTS OFFERED BY ELITE FUNNEL SOLUTIONS MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. BY AGREEING TO THIS PROVISION, YOU AND YOUR BUSINESS WAIVE THE RIGHT TO A TRIAL BY JURY.
YOU ACKNOWLEDGE AND AGREE THAT THE RIGHTS YOU AND YOUR BUSINESS MAY HAVE IN COURT, SUCH AS THE RIGHT TO DISCOVERY OR APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST IN ARBITRATION. YOU ALSO AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. FURTHERMORE, YOU AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
ARBITRATION IS CONDUCTED WITHOUT A JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, THE ARBITRATOR HAS THE AUTHORITY TO AWARD INDIVIDUAL DAMAGES AND RELIEF SIMILAR TO WHAT A COURT CAN PROVIDE (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND IS REQUIRED TO FOLLOW THESE TERMS AND APPLICABLE LAW.
If you have a complaint, dispute, or controversy with Elite Funnel Solutions, you agree to first contact us at support@elitefunnelsolutions.com to attempt to resolve the matter informally. Any controversy or claim arising out of or related to the use of our website, products, services, software, these Terms, the Privacy Policy, or your relationship with us that cannot be resolved through informal negotiation within one hundred and twenty (120) days shall be resolved through binding, confidential arbitration administered by the American Arbitration Association (AAA). The final judgment on the arbitrator’s award may be entered in any court with proper jurisdiction.
Elite Funnel Solutions also agrees that any claim it may have against you or your business will be subject to this arbitration provision, except as specified in Sections 20 and 21 below. Arbitration will be conducted in the English language by a single neutral arbitrator in Oklahoma, e.g., Cleveland County, Oklahoma or Alternative Jurisdiction], unless both parties agree to conduct the arbitration via telephone or written submissions. The arbitrator will be selected by mutual agreement or, if an agreement cannot be reached, according to the AAA’s Rules. Arbitration will follow the AAA’s Commercial Arbitration Rules and Procedures, which are available at www.adr.org or by calling 1-800-778-7879.
The arbitrator shall have the sole and exclusive authority to resolve any disputes relating to the interpretation, validity, enforceability, or applicability of these Terms, the Privacy Policy, and other related provisions. The arbitrator will also determine whether the arbitration agreement can be enforced against a non-signatory or whether a non-signatory may enforce this provision against you or Elite Funnel Solutions.
Fees and Costs: Payment of arbitration filing, administrative, and arbitrator fees will follow the AAA’s Rules. All other costs, including attorney fees, expert witness fees, or additional expenses, will be borne individually by each party unless the arbitrator determines otherwise.
The arbitrator will apply the substantive law of the State of Oklahoma, excluding its conflict of laws principles. The arbitrator’s award will include a written opinion, will be final and binding, and may be appealed only under the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, as amended.
Individual Disputes Only: You and Elite Funnel Solutions agree that arbitration shall occur on an individual basis and will not be consolidated or arbitrated as part of any class, representative, or mass proceeding. You expressly waive any right to participate in or bring claims as a plaintiff or class member in any class or representative action.
Time Limitation on Claims: All claims must be brought within one (1) year after the cause of action arises, including the 120-day informal dispute resolution period. Failure to bring a claim within this time frame will result in the claim being permanently barred.
Survivability: This arbitration provision survives termination of your account or business relationship with Elite Funnel Solutions, as well as bankruptcy, assignment, or transfer.
Severability: If the class action waiver is found to be unenforceable (e.g., allowing arbitration to proceed as a class or representative action), this entire arbitration provision shall be null and void. If any other part of this arbitration provision is deemed unenforceable, the remaining parts shall remain in effect.
This arbitration agreement is governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, as amended, and constitutes the sole method for resolving disputes, except where prohibited by law.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE THE RIGHT TO PURSUE DISPUTES IN A COURT OF LAW, TO HAVE A JUDGE OR JURY DECIDE THE CASE, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. HOWEVER, BY AGREEING TO THIS ARBITRATION PROVISION, YOU VOLUNTARILY WAIVE THOSE RIGHTS AND CONSENT TO RESOLVE ANY CLAIMS EXCLUSIVELY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION ON AN INDIVIDUAL BASIS AS OUTLINED IN THIS AGREEMENT.
SECTION 17 – ELITE FUNNEL SOLUTIONS’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Elite Funnel Solutions, in the event of any breach or threatened breach by you of the provisions of this agreement or any infringement or threatened infringement by you of the intellectual property of Elite Funnel Solutions or a third party, Elite Funnel Solutions shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Cleveland County, Oklahoma restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this agreement shall be construed as prohibiting Elite Funnel Solutions from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Cleveland County, Oklahoma for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 18 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Elite Funnel Solutions, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to: (1) your use, misuse, or attempted use of the website, software, products, or services; (2) information you submit or transmit through the website; (3) your breach of these terms, the documents they incorporate by reference, the agreement, or the representations and warranties you provide in this agreement; or (4) your violation of any law or the rights of a third party.
SECTION 19 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Elite Funnel Solutions a notice requesting that we remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Elite Funnel Solutions a counter-notice. Notices and counter-notices should be sent to Elite Funnel Solutions, Attention Legal Department, 6500 SE 164th St, Norman OK 73071, or by e-mail to support@elitefunnelsolutions.com. These Terms fully incorporate by reference the DMCA Policy.
SECTION 20 – THIRD-PARTY LINKS
The Website may contain links to other websites. Elite Funnel Solutions assumes no responsibility for the content or functionality of any non-Elite Funnel Solutions website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 21 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW,” “SUBMIT,” “BUY NOW,” “PURCHASE,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Elite Funnel Solutions software (such as video creation or hosting tools or other proprietary services) or otherwise, we may terminate the Agreement or suspend your access to the specific services and software owned by Elite Funnel Solutions at any time without notice to you.
However, termination of services does not apply to funnel design services, as these are handled separately. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Elite Funnel Solutions. Upon termination, you remain responsible for any outstanding payments to Elite Funnel Solutions.
SECTION 22 – NO WAIVER
No failure or delay on the part of Elite Funnel Solutions in exercising any right, power, or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if it is in writing and signed by Elite Funnel Solutions.
SECTION 23 – GOVERNING LAW AND VENUE
This Agreement, along with any issue or dispute arising from or relating to this Agreement, your access to or use of the Website, our Privacy Statement or DPA, or any matter involving Elite Funnel Solutions, including your purchase and use, or attempted use, of any service or product, shall be governed solely by the laws of the State of Oklahoma, without regard to its conflict of laws principles. In the event that any claim or dispute is determined by the arbitrator, or (if applicable) a court with proper jurisdiction, to be outside the scope of the arbitration agreement in Section 19, both parties agree that such claim or dispute shall be exclusively brought before and resolved by the state or federal courts located in Cleveland County, Oklahoma. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, such courts and waive any objections to such courts' exclusive jurisdiction or venue. Any claims must be pursued individually, and not as part of a class or representative action, and you waive any right to bring claims in a class-wide or representative capacity.
SECTION 24 – FORCE MAJEURE
Elite Funnel Solutions will not be held liable for any delay, damage, or failure resulting from events beyond our reasonable control, including but not limited to acts of nature or other unforeseen circumstances.
SECTION 25 – ASSIGNMENT
Elite Funnel Solutions may transfer its rights under this Agreement at any time, without notifying you. You may not assign your rights under this Agreement without the prior written consent of Elite Funnel Solutions (or its assignees).
SECTION 26 – ELECTRONIC SIGNATURE
All information exchanged on the Website is deemed an electronic communication. When you communicate with Elite Funnel Solutions through the Website or other electronic means, such as email, you are engaging in electronic communication with the company. You agree that we may communicate with you electronically, and that these communications, along with any notices, disclosures, agreements, and other information provided to you electronically, will have the same legal standing and effect as written communications signed by the party sending the message.
SECTION 27 – CHANGES TO THE AGREEMENT
You can view the latest version of the Terms at any time by visiting https://www.elitefunnelsolutions.com/terms. We reserve the right, at our sole discretion, to update, modify, or replace any part of this Agreement, including the Privacy Statement or DPA, by posting the updated terms on our Website. It is your responsibility to periodically check the Website for any changes. Your continued use of or access to the Website after any changes are posted constitutes your acceptance of those changes.
SECTION 28 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You further represent and warrant the following: (1) You are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) You own, operate, and/or have the authority to bind the business for which you are using the Website; (3) You have read this Agreement and fully understand and agree to its terms; and (4) You will not resell, redistribute, or export any product or service that you purchase from the Website. You also represent that Elite Funnel Solutions has the right to rely on all information you provide, and that Elite Funnel Solutions may contact you, your business, and any subaccounts you create via email, phone, or postal mail for purposes including, but not limited to, (i) follow-up communications, (ii) satisfaction surveys, and (iii) inquiries related to any orders placed or considered through the Website.
Additionally, you represent and warrant that there are no ongoing or pending government investigations or inquiries, or prosecutions involving you or any business related to you, by the Federal Trade Commission, any other federal or state agency, or any industry regulatory authority, anywhere in the world, nor are there any pending private lawsuits against you. If at any time during the term of this Agreement, you or any business related to you becomes the subject of a government investigation, inquiry, or prosecution by any relevant authority, or the subject of a lawsuit, you agree to notify Elite Funnel Solutions within twenty-four (24) hours. Elite Funnel Solutions reserves the right, at its sole discretion, to terminate the Agreement based on any such investigation, proceeding, or lawsuit, with no obligation or liability to you.
SECTION 29 – SEVERABILITY
If any provision of this Agreement is determined by the arbitrator or, if applicable, a court of competent jurisdiction, to be invalid or unenforceable, the remaining provisions will remain unaffected and will continue in full force and effect. The invalid or unenforceable provision may be modified or removed from this Agreement as needed to make it enforceable and consistent with the rest of the Agreement.
SECTION 30 – ENTIRE AGREEMENT
These Terms, along with the Privacy Statement, DPA, and any policies or operational guidelines posted by us on the Website, represent the complete agreement and understanding between you and your business and Elite Funnel Solutions. They govern your access to and use of the Website, as well as your ordering, purchasing, and use (or attempted use) of any service or product. This Agreement supersedes and replaces any prior or contemporaneous agreements, representations, communications, or proposals—whether written or oral—between you and Elite Funnel Solutions. In the future, we may introduce new services or features on the Website, and these will also be governed by this Agreement, along with any relevant policies or operational rules posted. Any ambiguities in the interpretation of these Terms or the Agreement will not be construed against the drafting party. If translations of these Terms are provided, they are for convenience only, and the English language version will govern.
SECTION 31 – CONTACTING US
We encourage our customers to contact us with any questions or comments about our products and services. Please feel free to do so by sending an email to support@elitefunnelsolutions.com.
If you have any questions or inquiries regarding these Terms, you may contact Elite Funnel Solutions by email at support@elitefunnelsolutions.com, or by regular mail at 6500 SE 164th St, Norman OK 73071.
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: support@elitefunnelsolutions.com
Spam or Abuse: support@elitefunnelsolutions.com
Affiliates: support@elitefunnelsolutions.com
For General Support and Inquiries: support@elitefunnelsolutions.com
Notices to you may be made by posting a notice (or a link to a notice) on our website and other sites we own and control, by email, or by regular mail, at Elite Funnel Solutions' discretion.
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