Live Event

Terms Of Purchase

General

The terms and conditions below apply on registration for access to the PerformanceCON Live Event (also referred to as the “Event”, “Live Event”, “Conference” or “Summit”) from Herman Global Ventures, LLC (the “Company”, “organizers”, “we”, “us”, “HGV”, “Herman Global”). These terms may be amended without notice to you. Your continued use of the Site and attendance at the Event will mean that you accept these changes.

Advice

None of the information provided at the Events should be deemed to constitute the provision of financial, investment or other professional advice in any way.

Event Content

By proceeding, you agree to the exclusion by us, of any liability, including without limitation that arising from any loss of profit or any other damage direct or consequential, in respect of any errors and/or omissions by us and/or any relevant third parties in respect of the content.

The contents of the Event are based upon sources of information believed to be reliable, however, save to the extent required by applicable law or regulations, no guarantee, warranty or representation (express or implied) is given as to its accuracy or completeness and Herman Global, it’s members, officers, employees and consultants do not accept any liability or responsibility in respect of the information or any views expressed herein.

Registration

By registering your name and email, you are agreeing to receive email communication from HGV to keep you informed of related products and services. Please see our privacy policy.

Notification

You agree to notify us of any changes to your personal circumstances with respect to any information or representation made herein and to provide us with any changes to this information as we may reasonably require.

Ownership and Copyright

The copyright on the website and event (unless otherwise indicated), its contents, including all information, graphics, code, text and design are owned by Herman Global and may not be reproduced or distributed without permission.

Event Policy

Solicitation of business or distribution of materials by non-exhibitors is strictly prohibited. Violators will be immediately removed from the event.

Any person found to be registering to attend our events using false information or credentials or deliberately withholding information excluded or removed from the event and may be liable to prosecution. Without prejudice, the organizers reserve the right to exclude any person(s).

Closed Circuit Television Cameras (CCTV) will be in operation at all times during the events. The organizers reserve the right to deliver the CCTV recordings to the Police or other competent authority as evidence if requested to do so. The contents of such recordings may be used as evidence in a court of law.

HGV, LLC reserves the right to film/permit approved third party photography and filming across the days of the event.

By attending the event, visitors permit the organizers/approved third parties to use any photographs and footage taken. You agree that Herman Global Ventures has the right and permission to use such recordings should they include your name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising, training, or any other purpose in any media or format, online and/or offline, now or hereafter without any further compensation, permission, or notification. You understand and agree that all recordings are the exclusive rights or Herman Global Ventures and you will not ask for or expect compensation for the use of recordings or photographs in which you appear or speak. Herman Global Ventures owns all rights of any audio, video, and/or photograph captured during any of our events.

The organizers reserve the right to exclude or remove anyone from the event or venue who does not comply with this policy or who they reasonably consider are likely to break the rules.

The events, information, and speakers listed on our site are subject to change without notification.

Unused tickets/passes will be forfeited and are not transferable to another event.

TICKET HOLDERS MAY NOT SELL, OFFER FOR SALE, OFFER AT AUCTIONS, RESELL, DONATE, ACT AS COMMERCIAL AGENT FOR ANOTHER PARTY OR OTHERWISE TRANSFER THEIR TICKETS IN ANY WAY WITHOUT THE SPECIFIC PRIOR WRITTEN CONSENT OF HGV, LLC.

Cancellation & Refund Policy

Materials and registration fees are non-refundable. Written cancellations made more than four months prior to the first day of the event will receive a full refund, minus a $30 administrative fee. If you can’t attend for some reason after the four month window before the event, you can transfer your ticket to someone else. Planning these events along with catering, room size etc. is an arduous task, but we do allow for transfers and can help facilitate in some cases.. All cancellations must be made in writing to care@toddherman.me. HGV, LLC reserves the right to alter the program without notice due to unforeseen circumstances.

You are liable to pay for your ticket/pass regardless of actual attendance at the live event, as we will have made provisions for your attendance, incurring costs to HGV to the Company. The only exceptions to this rule are the written cancellation policies in these terms and conditions.

We also reserve the right in our absolute discretion and without further liability to cancel the program in which all monies will be refunded.

Ticket Transfers

Ticket/pass transfers may be processed up to 3 days prior to the event and a $50 transfer fee will be applied to all ticket/pass transfers.

Process for Guest Tickets Transfers

Once a ticket/registration is confirmed, you may only change the assignment of the guests accompanying you a maximum of 2 times by submitting a Guest Ticket Transfer Request. You must submit a transfer request to no later than 3 days prior to the first day of the event: care@toddherman.me.

Disclaimer

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE LIVE EVENT AND IT’S POTENTIAL. THE EVENT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing financial matters in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Program, Content, or Site is a promise or guarantee to you of future earnings and examples in these materials are not to be interpreted as a promise or guarantee of earnings.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any, and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE CONTENT PROVIDED AT THE LIVE EVENT IS AT YOUR SOLE RISK.

By purchasing access to the Event, you accept, agree, and understand that you are fully responsible for your progress and results from your attendance/participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few.

You also understand that any testimonials or endorsements by our customers or audience represented on our events, programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, events, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

Additional Terms & Conditions

1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of New York and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of New York, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR ATTENDANCE AT THE EVENT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO EXCUSE YOURSELF FROM THE EVENT AND DISCONTINUE USE OF CONTENT FROM THE EVENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PROGRAM AND EVENT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, Event, or Todd Herman, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statements of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.

You agree that neither you nor your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner-directors, officers, affiliates, subsidiaries, employees, agents or representatives.

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise.

5) Changes. We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time and to impose new or additional terms or conditions. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the site and attendance at the event will be deemed your acceptance thereof and you must review these Terms on a regular basis to keep yourself informed of any changes.

6) Indemnification. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising or resulting from your breach of this Agreement and/or your misuse of the Program or Event. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

7) Binding Arbitration. In the event of a dispute arising under or relating to this Agreement or the Event (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the American Arbitration Association if not resolved first by good-faith negotiation between the parties. Any election to arbitrate, at any time, shall be final and binding on the other party.

IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.

All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

8) Class Action Waiver. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9) Equitable Relief. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by the Company.

10) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

11) Compliance With Law. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

12) No Waiver. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

13) Force Majeure. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

CUSTOMER SERVICE

If you have questions or comments regarding Herman Global Ventures, LLC events, programs, or products, please email us at care@toddherman.me