By enrolling in the 90 Day Year Certified Partners program (referred to below as the “90 Day Year CP Program”, “90 Day Year”, “Product”, “Course” or “Program”) from Herman Global Ventures, LLC, (the “Company,” “we,”, “us”, “Herman Global”) you are purchasing access for one (1) person to be a registered user (“user”, “you”, “yourself”, “your”) of the Program.
General
The 90 Day Year CP Program includes program access, course content and materials, other information and materials furnished by the Company (collectively, “Content”).
By purchasing access to the 90 Day Year Certified Partners program, you hereby agree to these Terms of Purchase, the Company’s Terms of Use, Privacy Policy and Community Rules (collectively, this “Agreement”) and the following legal terms and conditions that govern your use of the 90 Day Year CP Program which form a legal agreement between you and the Company.
You agree to be bound by these Terms, which you acknowledge that you have read and understood. You must be at least 16 years of age or older to purchase access to the 90 Day Year Product. Children under the age of majority should review this Agreement with their parent or legal guardian.
In the event of any conflict between these Terms of Purchase and the Terms of Use and/or Privacy Policy, these Terms of Purchase shall control.
Payment Policy
You are responsible to pay for the 90 Day Year CP Program in full (including all applicable sales and other taxes or fees) and agree to provide and maintain valid credit card or other payment methods.
Please note that there are no cancellations or refunds on this Program.
Late or Missed Payments: If you register for the Program via a payment plan and you miss a payment, your Program account status will be changed to “delinquent” and you will lose access to the Program.
If payments are not made on time, you acknowledge and agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
If you have any questions, please let us know by contacting our support team directly via care@toddherman.me.
Program & Content
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
• You acknowledge that you have an on-going service business based on your experience and expertise and seek to participate in this program so that you can apply what you’ve learned and experienced to be able to structure and optimize your coaching services as well as your marketing efforts in the future. In this regard, you understand that you are responsible for building your own business, marketing your own brand, getting your own clients—all without any obligation to us.
• All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by us or Todd Herman or his designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this program only.
• Program content is for personal use only, and may not be sold, tape recorded,
videotaped, shared, taught, given away, translated or otherwise divulged without our express written consent.
• The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
• You are not authorized to use Todd Herman’s name or the mark ‘90 Day Year’ except as specifically permitted by us.
• This is not a franchise, “business opportunity,” employee relationship, referral program, or business partnership with Company or Todd Herman.
• We assume no responsibility for errors or omissions that may appear in any program materials. Program material may be updated from time-to-time at our discretion.
License
Your use of, and access to the Program Materials is on a licensed basis.In that regard, the Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for a one (1) year period. Thereafter, your right to continue to use the Program Materials and to continue your certification is subject to an evaluation of your success with the 90 Day Year Materials and Framework. In addition, an annual Renewal Fee for full access to the Program and coaching session will be
required.
You agree to:
(a) constantly use your best efforts in the use of the Program Materials in a
way to protect the good name and goodwill associated with the Program Material and Company.
(b) not to attack the title of Company in and to the Program Material nor
attack the validity of the license granted hereunder;
(c) not harm, misuse or bring into disrepute the Program Material and
Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
(d) at all times comply with all applicable government laws and regulations,
and all voluntary industry standards relating or pertaining to the use of the Programs and Materials; conduct yourself with the highest ethical standards; and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material, trademarks and
copyrighted material.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Todd Herman, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or
conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted
hereunder.
Company shall have the right to approve all uses of the Program Material or derivative uses thereof.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this
Agreement.
Privacy & Confidentiality
The 90 Day Year Product / 90 Day Year CP Program is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the 90 Day Year Product.
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“90 Day Year Participants” or “Program Participants”).
By purchasing access to the Program, you agree:
- not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;
- that any confidential information shared by 90 Day Year Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
- not to disclose such confidential information to any other person or use it in any manner other than in discussion with other 90 Day Year Participants during training sessions;
- that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
- the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
- that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
Member Area and Communication Channels – Community Rules
The primary intention of the Program group is to stay connected to your cohort, share ideas, support and form genuine connections. It’s not a place to find customers or recruit people to other programs or groups. Failure to honor and uphold the Community Rules will result in your removal from the Group and participation in the Program may also be revoked without refund.
By joining the Program Member Area and Community, you agree to the Group Guidelines which include, but are not limited to:
1) No Pitching: The Member Community is a space for learning and as such is a pitch-free, solicitation-free and sales-free environment. 90 Day Year is about learning to build and scale your business. It is not about trying to turn other members into your customers. We have a strict ‘no shopping for customers’ policy in our groups which means you are not permitted to offer your services, sell your programs or products, share affiliate links or direct Participants to blog posts with your offers/affiliate offers or publicly ask members to join your own Facebook groups or communities.
2) No Unsolicited Private Messages: Be cautious of sending unsolicited private messages to group members. If we receive multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
3) Be Respectful: Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines. Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
4) No Gated Content: Content posted in the groups cannot be used to seek leads in any way. If you need a feedback, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
Third-Party Materials & Websites
The Company may provide links to third-party materials and websites and establish a community group as a convenience to you and other 90 Day Year Participants.
These third-party materials and websites are not part of the 90 Day Year Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites.
In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties.
You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
Disclaimer
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THE 90 DAY YEAR PRODUCT AND IT’S POTENTIAL. THE PRODUCT, 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 90 DAY YEAR PRODUCT IS AT YOUR SOLE RISK.
By purchasing access to the 90 Day Year CP Program, you accept, agree, and understand that you are fully responsible for your progress and results from your 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 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, 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 USE OF THE 90 DAY YEAR PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE 90 DAY YEAR PRODUCT AND A REFUND AS SET FORTH IN SECTION 6. 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 90 DAY YEAR PRODUCT, 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, 90 Day Year, 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, libellous, 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. The 90 Day Year Product is a non-transferable program.
5) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to becoming disruptive to the Company or Program Participants, impairing the participation of other Participants in the Program, or otherwise violating the terms of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the 90 Day Year Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive the expiration or termination of this Agreement for any reason and you will still be liable to pay the total contract amount.
6) 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 on your use of the 90 Day Year Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the 90 Day Year Program will be deemed your acceptance thereof and you must review these Terms on a regular basis to keep yourself informed of any changes.
7) 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 90 Day Year Product. 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.
8) Binding Arbitration. In the event of a dispute arising under or relating to this Agreement or the Program (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.
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) 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 products, please email us at care@toddherman.me
