Terms & Conditions

DAVE MICHALEC

Terms and Conditions

Last updated: June 2026

1. Agreement to Terms

By accessing or using this website, purchasing any product or service, completing any form or survey, or subscribing to any email list operated by Dave Michalec ("we," "us," or "our"), you agree to be bound by these Terms and Conditions in full.

If you do not agree with any part of these Terms, you must not use this website or purchase any product or service.

These Terms apply to all current and future products, services, digital downloads, guides, apps, tools, email sequences, and any other offerings made available under the Dave Michalec brand, now or in the future.

2. About This Business

Dave is a sales conversion strategist with over 20 years of professional experience closing deals across real estate, life insurance, telecom, and B2B consulting. We create and distribute digital products and educational content designed to help service providers, coaches, and online sellers convert conversations into paying clients.

Our flagship product, the DM Conversion Builder, is a web-based tool that guides users through a complete DM sales conversation system, from the first message to close. We also offer free educational resources, including The Conversion Method guide, to subscribers who opt in via our website.

3. Eligibility

By using this website and purchasing our products, you represent that:

  • You are at least 18 years of age

  • You have the legal capacity to enter into a binding agreement

  • You are not prohibited from receiving our products or services under any applicable law

4. Products and Services

We currently offer, and may in the future offer, the following categories of products and services:

  • Digital tools and web-based applications (including the DM Conversion Builder)

  • Free downloadable guides and resources (including The Conversion Method)

  • Email-based educational sequences and communications

  • Any other digital or informational products we may develop

All product descriptions, pricing, and availability are subject to change without notice.

5. Purchases and Payment

All prices are listed in US Dollars (USD) unless otherwise stated.

By completing a purchase, you confirm that:

  • The payment information you provide is accurate, current, and authorized for use

  • You have read the product description and understand what you are purchasing

  • You authorize us to charge the applicable fees to your payment method

We use third-party payment processors including Stripe and PayPal, operated through GoHighLevel. We do not store your full payment card details on our servers. Payment processing is subject to the terms and conditions of the applicable third-party processor.

6. DIGITAL PRODUCTS — DELIVERY AND ACCESS

Upon successful payment, digital products will be delivered via:

  • Instant access link at the point of purchase, and/or

  • Email delivery to the address provided at checkout

It is your responsibility to provide a valid and accessible email address. We are not responsible for non-delivery resulting from incorrect email addresses, spam or junk filters, or inbox issues outside our control.

If you do not receive your product within 24 hours of purchase, please contact us at [email protected].

7. Refund Policy

7.1 No Refunds on Digital Products

All sales of digital products are final. We do not offer refunds or exchanges on any digital product once the product has been delivered or accessed, because digital products are delivered instantly and cannot be returned.

Before completing your purchase, please read all product descriptions carefully to ensure the product is right for you. If you have questions before purchasing, contact us at [email protected].

7.2 Technical Errors

We will consider a remedy in the following limited circumstances:

  • You were charged multiple times for the same purchase due to a technical error

  • You purchased the wrong product due to a website error on our end

  • The product was not delivered and cannot be redelivered after reasonable attempts by us

To request a remedy under these exceptions, contact us at [email protected] within 7 days of purchase with your order details and a description of the issue.

7.3 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to dispute the chargeback, provide evidence of product delivery and these Terms to the payment processor, and take further action as permitted by law.

8. Intellectual Property

All content produced by Dave Michalec — including but not limited to sales conversation frameworks, DM scripts and message templates, the DM Conversion Builder application design and interface, guides, email sequences, branding, website copy, and all derivative works — is the intellectual property of Dave Michalec and is protected under applicable copyright and intellectual property law.

Upon purchase, you are granted a limited, personal, non-transferable, non-exclusive, non-sublicensable license to use purchased products for your own business or personal purposes only.

You may not:

  • Reproduce, copy, resell, or redistribute any product or content for any purpose

  • Share paid products publicly or with others without written permission

  • Modify, adapt, or create derivative works from any of our content

  • Use any content to develop competing products, services, or programs

  • Claim any content as your own creation

9. Email Communications and Marketing

By submitting your email address through any form or opt-in on our website, you consent to receiving email communications from Dave Michalec, which may include:

  • Free educational resources and sales conversion tips

  • Product updates and promotional offers

  • Nurture and educational email sequences

You may unsubscribe from marketing emails at any time by clicking the unsubscribe link in any email we send. Transactional emails related to a purchase may still be sent after unsubscribing.

We will never sell, rent, or share your email address with third parties for their marketing purposes.

Email sequences are delivered via GoHighLevel. By subscribing, you acknowledge that your data may be processed by GoHighLevel subject to their own privacy and data protection policies.

10. Privacy and Data Protection

We collect personal information including name and email address for the purpose of delivering our products, services, and communications. We handle your personal information in accordance with our Privacy Policy, available on our website.

As this business operates from the state of Oregon, United States, we are subject to applicable federal and state privacy laws, including the Oregon Consumer Privacy Act (OCPA, ORS Chapter 646A) and the federal CAN-SPAM Act. We collect only the data necessary to deliver our services, retain it only for as long as necessary, and do not sell or share it with unauthorized third parties.

You have the right to access, correct, or request deletion of your personal data at any time by contacting us at [email protected].

11. Results and Testimonials

Any testimonials, results, or outcomes shared on our website or in our products represent individual experiences only. They are not a guarantee that you will achieve the same or similar results. Individual results vary significantly based on personal circumstances, niche, platform, consistency of use, and many other factors outside our control.

We make no guarantees of specific outcomes related to sales conversion rates, client acquisition, lead generation, or business revenue.

11A. Use of Communications as Testimonials

By communicating with us — including via email, contact forms, or social media — you acknowledge that we may request your consent to use your words, feedback, or experience as a testimonial in our marketing materials.

We will never use your communications as a testimonial without first obtaining your explicit written consent. By providing consent, you grant Dave Michalec a non-exclusive, royalty-free, worldwide license to reproduce and publish your testimonial in marketing materials including our website, social media, email communications, and promotional content.

You may withdraw your consent at any time by contacting [email protected].

12. Third-Party Links and Platforms

Our website and products may contain links to third-party websites, tools, or platforms. These links are provided for convenience and informational purposes only.

We do not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party website or service. You access third-party links entirely at your own risk and subject to the terms of those platforms. We are not affiliated with or endorsed by any third-party platform referenced in our content.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • Our products will meet your specific business needs or produce specific outcomes

  • Information in our products will be error-free, complete, or current at all times

  • Our website or digital tools will be uninterrupted, secure, or free from technical errors

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAVE MICHALEC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO:

  • Your use of, or inability to use, our website, products, or services

  • Any business or revenue outcomes based on our tools or content

  • Unauthorized access to or alteration of your data

  • Any technical issues, delays, or interruption in access to digital products

In any case, our total cumulative liability to you for any claims arising from your use of our products or services shall not exceed the total amount you paid to us in the 12 months preceding the claim.

Nothing in these Terms is intended to limit liability that cannot be limited under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Dave Michalec from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of our products or website, your violation of these Terms, or your violation of any applicable law.

16. Changes to These Terms

We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Changes take effect immediately upon posting to our website. The "Last updated" date at the top of this page reflects the most recent revision.

Your continued use of our website or products after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

17. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of our products shall first be attempted to be resolved through good-faith negotiation between the parties. If not resolved within 30 days, disputes shall be submitted to the courts of competent jurisdiction in Deschutes County, Oregon, in accordance with Oregon law.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Dave Michalec regarding your use of our website and products, and supersede all prior agreements or understandings.

20. Contact Us

If you have any questions about these Terms and Conditions, please contact:

Dave

© 2026 Dave. All rights reserved.

Copyrights 2026 | Dave Michalec | Terms & Conditions