THE BIG TALK
Program Terms and Conditions

THE BASICS

1. You are securing one of a limited number of seats The Big Talk offers for this program or event (the “Event”).
2. Purchasing a ticket gives you access to a live event. Access to post-event recordings are not guaranteed and to the extent provided, may only be available for a limited time.
3. We make it easy to understand what it is like to do business with The Big Talk. Please check out The Big Talk Policies before signing this Agreement. Those policies are part of this Agreement even though they are not spelled out in this document. You can access them HERE (the “Policies”).
4. This Agreement and the Policies are the entire agreement between us. These written documents supersede any and all prior discussions, emails, online or voice messages. By signing, you agree that there is no information that you deem materially important that is not incorporated into this Agreement.
5. All purchases are in U.S. Dollars.
   

INTELLECTUAL PROPERTY

1. The Big Talk is the owner and or the licensee of all intellectual property rights and all other rights in the materials and content that The Big Talk shares related to the Event. Nothing in this Agreement or otherwise shall transfer the ownership of the intellectual property rights in such material or content to you or to any other person.
2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available to a third party in any way any of the content or materials that you have access to related to in the Event.
3. You are granted a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use all or any of the content or material used in the Event for the purposes for which the Event was provided only.
4. You may not without The Big Talk’s prior written consent make any audio or visual recordings or take photographs of all or any part of the Event.
5. You agree that The Big Talk may take and use photographs or film the Event for any purpose, including promotional purposes.

TERMINATION

Either of us may terminate this Agreement immediately by providing written notice to the other if the other is in material breach of any of this Agreement.

The Big Talk may terminate this Agreement immediately (without any liability including not providing any refund to you) if The Big Talk reasonably believes that you are disrupting the Event or for any other reason where The Big Talk reasonably feels that your presence is adversely impacting the Event.

RESULTS NOT GUARANTEED

You are receiving a space in the Event, but not guaranteed results from participating in the Event.

CONFIDENTIALITY

The Big Talk cannot guarantee confidentiality. Do not share any confidential and proprietary information which may harm your business or personal interests if repeated, copied, or otherwise transmitted and/or implemented by a third party. Additionally, any information provided at the Event should be treated as confidential and may only be used by you for your internal business purposes.

NON-DISPARAGEMENT

You will not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning The Big Talk or its affiliates or their respective businesses, or any of their respective consultants, officers, and existing and prospective customers, suppliers, investors, and other associated third parties. You agree to not gossip or speak poorly about The Big Talk, Tricia Brouk or any member of the community inside or outside of the Event.

ADDITIONAL LEGAL TERMS

1. There is a NO REFUNDS policy. 

By signing this Agreement, you acknowledge that no one has represented to you that refunds are available even if you cannot participate in the Event for any reason. Other than with regard to the circumstances described in Section 8 below, The Big Talk has a No Refunds policy and considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included and enforceable. If you initiate a chargeback, The Big Talk may issue an additional $250 fee to you.

2. You are a Business Owner and this is a Commercial Transaction.

You enter this Agreement for commercial purposes as a business owner intending to enhance a business concept. This is true even if you do not have a business entity such as a limited liability company. As a business owner seeking to enter into a commercial transaction, you may have limited rights under the laws of your state, and may be giving up consumer rights.

3. Disclaimer of Warranties. 

You understand that the Event is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by participating in the Event.

4. If The Big Talk gets sued due to something you did:

You agree to indemnify, defend, and hold harmless The Big Talk, its affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.

5. Damages are limited under this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE BIG TALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.

6. No Professional Advice.

The Big Talk does not engage in the rendering of psychological, medical, legal, accounting, financial, or other professional services. You acknowledge that you will make your own decisions before acting on any information gained from the Event. It is further understood that before you utilize any techniques suggested by the Event, you should consult licensed professionals as applicable.

7. No Guarantee of Results; Risk of Loss. 

Results from the Event are greatly dependent upon individual decisions, abilities, and other factors outside The Big Talk’s control, and The Big Talk makes no guarantees or warranties that information provided to you through the Program will provide results.  

8. The Big Talk can end your participation in the Event.

The Big Talk may determine, in its sole discretion and without requiring disclosure of the reason, that the relationship under this Agreement must terminate. If the Big Talk elects to terminate this Agreement without cause then it will provide a refund to you, but no refund shall be provided under any other circumstances.

9. New York law governs this Agreement and it will be enforced by either party in New York.

This Agreement will be governed by New York law, without regard to its conflicts of law principles. You understand and agree that you submit to the personal jurisdiction and venue of this state and agree that any legal proceeding commenced shall take place in New York City, New York.

10. No Assignment; No oral waivers or modifications.

This Agreement may not be assigned to any other party. Its requirements may not be waived or modified except in writing signed by The Big Talk.

11. Electronic Signatures and Other Documents. 

You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, payment authorizations.

12. No relationship.

The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.