Terms & Conditions | DeFranco Performance Solutions
DPS
DeFranco Performance Solutions

Terms & Conditions

Effective Date: May 2, 2026

Please read these Terms and Conditions carefully before enrolling in any course offered by DeFranco Performance Solutions, LLC ("DPS," "we," "us," or "our") through our online learning platform. By completing enrollment and accessing any course, you ("Learner") agree to be bound by these Terms in their entirety.
1

Acceptance of Terms

By enrolling in any DPS course, you confirm that you have read, understood, and agree to these Terms and Conditions. If you do not agree, do not enroll or access any course materials. Continued access to course content following any posted updates constitutes your acceptance of the revised Terms.


2

Course Access & License

Upon enrollment, DPS grants you a limited, non-exclusive, non-transferable, revocable license to access the purchased course(s) for personal, educational use only. This license is for the individual Learner named at enrollment and may not be shared, transferred, or resold.

Course access is provided for the duration specified at the time of purchase. DPS reserves the right to modify or discontinue course content at any time with reasonable notice. Access is restricted to the devices and accounts associated with your enrollment.


3

No Refund Policy

All course sales are final. DPS does not offer refunds, partial refunds, or credits for any purchased course, regardless of course completion status, whether or not materials have been accessed, or any other circumstance. By enrolling, you acknowledge and accept this policy.

If you experience a technical issue preventing access to course content, please contact the admin at jerry@dps-lean.com and we will work in good faith to resolve the issue.


4

Intellectual Property

All course content, including but not limited to videos, slide decks, templates, written materials, frameworks, tools, and methodologies, is the exclusive intellectual property of DeFranco Performance Solutions, LLC and is protected by applicable copyright and trade secret law.

Learners may not reproduce, distribute, publish, sublicense, sell, create derivative works from, or otherwise exploit any course content, in whole or in part, without the prior written consent of DPS. Sharing login credentials or course materials with third parties is a material breach of these Terms and may result in immediate termination of access without refund.


Important: Educational Purpose Disclaimer

DPS courses are provided for educational and informational purposes only. Course content introduces Lean, Six Sigma, and operational excellence concepts and frameworks. DPS makes no representations, warranties, or guarantees that applying any course concept will produce specific results, cost savings, productivity gains, or business outcomes. Results will vary based on organizational conditions, industry context, leadership support, resource availability, and other factors entirely outside DPS's control or knowledge.


5

Assumption of Risk

You acknowledge that any decision to apply, implement, adapt, or act upon concepts, tools, frameworks, or recommendations presented in DPS course materials is made entirely at your own discretion and risk. DPS is not responsible for any outcome, positive or negative, resulting from your implementation of course concepts in your workplace, organization, or personal business.

You assume full and sole responsibility for evaluating the appropriateness of any course content for your specific circumstances and for all consequences of any actions you take based on that content.


6

Limitation of Liability

To the fullest extent permitted by applicable law, DeFranco Performance Solutions, LLC, its principals, employees, contractors, and agents shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages of any kind arising out of or related to your enrollment in, access to, or use of any DPS course or course materials, including but not limited to lost profits, lost revenue, lost business opportunities, operational losses, or reputational harm.


7

Indemnification

You agree to defend, indemnify, and hold harmless DeFranco Performance Solutions, LLC and its principals, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of any DPS course or course materials; (b) your implementation of any concept or framework presented in any DPS course; (c) any claim by a third party arising from actions you took based on DPS course content; or (d) your violation of these Terms.


8

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Brevard County, Florida.


9

Dispute Resolution

Before initiating any formal legal proceeding, both parties agree to make a good-faith effort to resolve any dispute informally by contacting jerry@dps-lean.com. If the dispute cannot be resolved informally within thirty (30) days, both parties agree to submit the dispute to binding arbitration in Brevard County, Florida, administered under the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding. You waive any right to a jury trial or to participate in a class action proceeding.


10

Right to Modify Terms

DPS reserves the right to update or modify these Terms and Conditions at any time. Material changes will be communicated via the DPS website or by email to enrolled Learners. Your continued access to any course following notice of changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.


11

Contact Information

For questions regarding these Terms and Conditions, please contact:

DeFranco Performance Solutions, LLC
Melbourne, Florida
jerry@dps-lean.com
www.dps-lean.com

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