1. Acceptance of Terms
Welcome to DrJCEllerbe.com (the “Website”). These Terms and Conditions (“Terms”) govern your access to and use of this Website and any information, materials, resources, communications, programs, or services made available through or in connection with the Website.
The Website and professional services described on it are provided by Dr. James C. Ellerbe and/or the business entity through which Dr. Ellerbe provides such services (“Dr. Ellerbe,” “we,” “us,” or “our”).
By accessing or using this Website, submitting an inquiry, booking or purchasing services, or otherwise interacting with the Website, you acknowledge that you have read and understood these Terms and agree to be bound by them.
If you do not agree to these Terms, please do not use the Website.
2. Professional Services
Dr. Ellerbe provides professional educational, consulting, speaking, coaching, leadership, and organizational services, which may include:
Services may be provided to individuals, educational institutions, businesses, corporations, nonprofit organizations, government entities, associations, conferences, and other organizations.
The availability, scope, duration, format, location, fees, deliverables, and specific terms applicable to any service will be determined separately.
Submission of an inquiry through this Website does not create a client, consultant, coach, advisor, fiduciary, or other professional relationship between you and Dr. Ellerbe.
3. Engagement Agreements
Professional services may be governed by a separate proposal, engagement letter, statement of work, speaking agreement, consulting agreement, services agreement, invoice, or other written contract (collectively, an “Engagement Agreement”).
If an Engagement Agreement conflicts with these Terms concerning the professional services covered by that agreement, the Engagement Agreement will control to the extent of the conflict.
Submission of a booking request, inquiry, purchase order, proposed contract, or other communication does not constitute acceptance of an engagement by Dr. Ellerbe.
An engagement becomes binding only when accepted in accordance with the applicable Engagement Agreement.
4. Electronic Communications and Agreements
By using the Website or communicating electronically with Dr. Ellerbe, you consent to receiving communications electronically where appropriate.
Where the parties agree to conduct a transaction electronically, electronic records and electronic signatures may be used to enter into agreements to the extent permitted by applicable law.
Georgia law generally provides that a record, signature, or contract may not be denied legal effect solely because it is electronic, subject to the applicable statutory requirements and exceptions.
5. No Guarantee of Results
Consulting, coaching, educational, leadership, professional-development, strategic-planning, and organizational-development services depend upon numerous factors outside Dr. Ellerbe's control.
Accordingly, Dr. Ellerbe does not warrant or guarantee any particular business, educational, organizational, financial, career, leadership, employment, academic, operational, strategic, or other outcome.
Examples, testimonials, case studies, prior results, or descriptions of previous engagements are illustrative only and do not constitute a representation, warranty, or guarantee that any client will achieve identical or similar results.
6. Educational and Informational Purposes
Information made available through the Website, presentations, seminars, workshops, articles, publications, videos, downloadable resources, interviews, newsletters, and other general materials is provided for educational and informational purposes.
Nothing on this Website constitutes individualized legal, tax, accounting, investment, medical, psychological, mental-health, employment-law, regulatory, or other licensed professional advice.
Users and clients should consult appropriately qualified professionals when such advice is required.
7. Consulting and Coaching Disclaimer
Consulting and coaching services are intended to provide education, perspective, strategic guidance, professional development, leadership development, and related support.
Clients remain responsible for their own decisions, actions, implementation, policies, hiring and personnel decisions, financial commitments, business practices, regulatory compliance, and organizational outcomes.
Leadership coaching is not psychotherapy, psychological treatment, medical treatment, or mental-health counseling and is not intended as a substitute for services provided by an appropriately licensed healthcare or mental-health professional.
8. Client Responsibilities
Clients agree to provide accurate, complete, and timely information reasonably necessary for Dr. Ellerbe to provide the requested services.
Clients are responsible for evaluating recommendations in light of their circumstances and obtaining independent legal, financial, accounting, human-resources, regulatory, or other specialist advice when appropriate.
Unless expressly agreed otherwise, Dr. Ellerbe may rely on information provided by the client without independently auditing or verifying it.
Dr. Ellerbe is not responsible for losses or adverse consequences caused by inaccurate, incomplete, misleading, outdated, or withheld information provided by a client or its representatives.
9. Fees and Payment
Fees will be established through the applicable proposal, Engagement Agreement, invoice, or booking agreement.
Unless otherwise agreed in writing:
Information appearing on the Website does not constitute a binding price quotation unless expressly stated otherwise.
10. Keynote Speaking and Events
Speaking engagements may be subject to additional terms concerning deposits, travel, accommodations, audiovisual equipment, event promotion, recording, cancellation, rescheduling, force majeure, and intellectual-property rights.
Unless expressly authorized in writing, booking or attending a presentation does not confer the right to record, reproduce, livestream, rebroadcast, sell, distribute, publish, or create derivative works from Dr. Ellerbe's presentation or materials.
11. Cancellation and Rescheduling
Cancellation and rescheduling terms will ordinarily be specified in the applicable Engagement Agreement.
Because speaking engagements and substantial consulting engagements may require advance preparation and reservation of time that cannot readily be resold, deposits, retainers, or portions of fees may be designated non-refundable to the extent permitted by applicable law.
12. Travel and Event Expenses
For engagements requiring travel, the client may be responsible for reasonable and agreed-upon airfare, transportation, lodging, meals, parking, baggage charges, shipping, and other engagement-related expenses.
Specific requirements may be established in the applicable Engagement Agreement.
13. Intellectual Property
Unless expressly stated otherwise, all Website content and materials created or owned by Dr. Ellerbe—including text, graphics, presentations, frameworks, methodologies, training materials, worksheets, exercises, videos, photographs, recordings, publications, course materials, logos, designs, and other content—are owned by or licensed to Dr. Ellerbe and protected by applicable intellectual-property laws.
All rights not expressly granted are reserved.
14. Limited Website License
Users may access Website content for personal, lawful, noncommercial informational purposes.
Without prior written permission, users may not reproduce, republish, distribute, sell, license, modify, translate, publicly display, commercially exploit, systematically download, scrape, or create derivative works from Website content or proprietary professional materials.
15. Client Deliverables
Ownership and permitted use of reports, presentations, assessments, strategic plans, training materials, or other deliverables produced during an engagement may be specified in the applicable Engagement Agreement.
Unless otherwise agreed in writing, Dr. Ellerbe retains ownership of his pre-existing and independently developed intellectual property, including proprietary frameworks, methodologies, processes, templates, concepts, training materials, and know-how incorporated into a client deliverable.
16. Recording and Artificial Intelligence
Unless expressly authorized in writing, users and clients may not record, transcribe, reproduce, publish, distribute, or commercially exploit Dr. Ellerbe's presentations, workshops, consulting sessions, coaching sessions, training programs, or proprietary materials.
To the extent permitted by applicable law, such materials also may not be uploaded to or systematically used to train generative artificial-intelligence systems, machine-learning models, or similar technologies, or used to create commercial substitute or derivative materials, without prior written authorization.
17. Trademarks, Name, Image and Publicity
Dr. Ellerbe's name, image, likeness, photographs, logos, trademarks, service marks, branding, and other identifiers may not be used in a manner that falsely suggests endorsement, sponsorship, affiliation, or approval.
Specific publicity rights associated with an engagement may be established in the applicable Engagement Agreement.
18. Testimonials
Testimonials represent the views and experiences of the persons providing them and do not guarantee that other clients will obtain identical or similar results.
Any testimonials or endorsements will be used subject to applicable federal and state advertising requirements.
19. Third-Party Websites and Services
The Website may contain links to third-party websites, social-media platforms, payment processors, scheduling providers, publications, or other resources.
These links are provided for convenience and do not necessarily constitute an endorsement.
Dr. Ellerbe does not control and is not responsible for third-party content, security, availability, products, services, or privacy practices.
20. Georgia Consumer Protection
Dr. Ellerbe intends to conduct business in accordance with applicable consumer-protection laws.
The Georgia Attorney General's Consumer Protection Division administers and enforces laws addressing unfair and deceptive practices in consumer transactions, including Georgia's Fair Business Practices Act.
Nothing in these Terms is intended to waive or restrict consumer rights that cannot legally be waived.
21. Website Accuracy and Availability
Reasonable efforts may be made to maintain accurate Website information, but Dr. Ellerbe does not warrant that all Website information will always be complete, accurate, current, or error-free.
Services, programs, descriptions, availability, fees, and Website content may change without notice.
Continuous, uninterrupted, or error-free Website availability is not guaranteed.
22. Prohibited Uses
Users may not use the Website to violate applicable law; infringe intellectual-property, privacy, or other rights; introduce malicious software; gain unauthorized access; interfere with Website operation; impersonate another person; submit fraudulent information; engage in harassment; harvest personal information; or systematically scrape or exploit Website content without authorization.
23. Confidentiality
Information specifically designated as confidential during a professional engagement will be handled according to the applicable Engagement Agreement and applicable law.
Information transmitted through ordinary Website forms or email should not be assumed to be protected by attorney-client, physician-patient, psychotherapist-patient, or similar legal privilege.
Users should not submit highly sensitive information through ordinary Website forms unless specifically requested.
24. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, WEBSITE CONTENT, GENERAL INFORMATION, AND WEBSITE-BASED RESOURCES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
To the extent permitted by law, Dr. Ellerbe disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability.
Nothing in these Terms excludes a warranty or statutory right that cannot lawfully be excluded.
25. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DR. ELLERBE AND ANY AFFILIATED BUSINESS ENTITY, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, DATA, GOODWILL, OR ANTICIPATED SAVINGS ARISING FROM OR RELATED TO USE OF THE WEBSITE OR PROFESSIONAL SERVICES.
For paid professional services, additional limitations or allocations of liability may be established in the applicable Engagement Agreement.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
26. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Dr. Ellerbe and any affiliated business entity, employees, contractors, representatives, and agents from third-party claims, liabilities, damages, losses, judgments, costs, and reasonable attorneys' fees arising from your unlawful use of the Website, violation of these Terms, infringement of another person's rights, or unlawful content or information you submit through the Website.
Any broader indemnification obligation applicable to a professional engagement must be established in the applicable Engagement Agreement.
27. Force Majeure
Neither party will be responsible for delay or failure caused by circumstances beyond its reasonable control, subject to any applicable Engagement Agreement.
Such circumstances may include natural disasters, severe weather, government action, war, terrorism, civil disturbance, epidemics, pandemics, transportation disruption, strikes, utility failures, internet failures, venue closures, or serious illness or emergency.
Where reasonably practicable, affected professional services may be rescheduled.
28. Governing Law
These Terms and any dispute arising from or relating to the Website shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to Georgia's conflict-of-laws principles, except to the extent applicable federal law or other non-waivable law controls.
For professional services governed by a separate Engagement Agreement, the governing-law provision in that agreement will control.
29. Jurisdiction and Venue
Subject to any valid arbitration agreement contained in an applicable Engagement Agreement, any legal proceeding arising from or relating to these Terms or use of the Website shall be brought in a state or federal court of competent jurisdiction located in Atlanta, Georgia, and each party consents to personal jurisdiction and venue in those courts, except where applicable law requires otherwise.
30. Dispute Resolution
Before initiating formal proceedings, the parties agree to make reasonable good-faith efforts to resolve disputes informally.
For substantial professional engagements, a separate Engagement Agreement may establish mediation, binding arbitration, litigation procedures, class-action waivers, or other dispute-resolution requirements.
Because the enforceability and strategic consequences of mandatory arbitration and class-action waivers depend upon the circumstances, those provisions should be finalized by Georgia counsel rather than inserted generically into Website Terms.
31. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.
32. Waiver
Failure to enforce any provision does not constitute a waiver of that provision or any other right.
33. Changes to These Terms
These Terms may be revised periodically.
The “Last Updated” date will identify the most recent revision.
Changes to an existing signed Engagement Agreement will be governed by that agreement and will not be accomplished merely by changing these Website Terms.
34. Contact
Questions concerning these Terms may be directed to:
Dr. James C. Ellerbe
DrJCEllerbe.com
Georgia, United States
Email: JCEllerbe@gmail.com