Terms and Conditions
Last Updated on July 29, 2022
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses.
This website is owned and operated by B Think Forward, LLC, a California company. Podcast Ally is a productized service operated by B Think Forward, LLC.
B Think Forward and Purchaser agree as follows.
Services. B Think Forward will continue your podcast outreach program designed to secure up to two bookings each month. A booking is defined as a commitment by a podcaster to interview you. B Think Forward has full discretion to set its own work hours, have work performed by B Think Forward’s staff or subcontractors, and perform work at any location, as long as such work performance complies with the other terms of this Agreement. Project scope can only be changed if mutually agreed in writing by both parties.
Your Duties. You acknowledge that you hold essential information that B Think Forward needs to perform the services, and, as such, You must contribute to the development and execution of this project in order for it to reach the stated project goals. You will also complete all exercises by the time mutually agreed to by the parties, during the above meetings. You understand that any abusive, negative, or inappropriate conduct on behalf of Purchaser (or any of its staff or representatives) with B Think Forward staff is a material breach of this Agreement.
Compensation. Unless eligible for our podcaster-exclusive discount (available to active podcasters only), Client agrees to continue to pay B Think Forward the same monthly project fee they paid during the Annual Program. You understands that if any payment is late, declined, or charged-back for any reason, B Think Forward will cease performing services until the lack of payment is rectified (to mitigate damages). Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. B Think Forward has the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand that you are responsible for full payment of the project fee whether or not they are paying under an installment plan or choose to fully utilize any of the services as described under the Agreement.
Term. This Agreement shall commence upon receipt of payment and shall continue until client cancels recurring payments and provides B Think Forward with 30-days of written notice they intend to stop service. B Think Forward will use those 30 days to wrap up any active outreach. If either party materially breaches a material provision of this Agreement, the other party may terminate this Agreement upon five (5) days written notice unless the breach is cured within the notice period. Upon termination, the terms of paragraphs 8 – 11 shall survive termination and remain in effect.
Recurring Payments. If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
Not an Employee. B Think Forward is an independent contractor, and is not an employee of Purchaser.
No Joint Venture. The parties are not engaged in a partnership or joint venture. Nothing in this agreement shall be construed to place the parties in a partnership or joint venture. The parties are not authorized to obligate or bind each other, and are not agents of each other.
Confidential Information. The parties acknowledge that they may have access to information that is proprietary, confidential, and/or a trade secret of the parties or their clients or associates, acquired during communications between the parties or work performed under this Agreement. Such Confidential Information may include:
- Copyrighted works,
- Trade secrets,
- Information and ideas that may be trademarked and/or patented, now or at a future date,
- Media, customer, client, and prospect lists or information,
- Methods of doing business or know-how,
- Financial data and information,
- Business plans and strategies, and
- Other such ideas and information that contribute to the current and future value of the Client.
Confidential information does not include any information that (a) was in the lawful and unrestricted possession of the receiving party prior to the information being disclosed by disclosing party, (b) is or becomes part of the public domain under applicable law without breach of this Agreement by lawful acts other than those of receiving party after receiving it from disclosing party: (c) has been received lawfully and in good faith by receiving party from a third party who did not derive it from disclosing party and who did not derive it in breach of any confidentiality obligation of the third party; or (d) has been independently developed by receiving party without reference to, use of or otherwise utilizing the Confidential Information.
Non-Disclosure. The receiving party shall not disclose the disclosing party’s Confidential Information to any third parties, except to those designated by the disclosing party, or as required by law, and the receiving party shall take all measures reasonably necessary to protect such Confidential Information.
Non-Use. The receiving party shall not use the disclosing party’s Confidential Information for its own benefit beyond the purpose of this Agreement, or for any use beyond the purpose of this Agreement and any other agreements between the parties.
Irreparable Harm. The parties understand and acknowledge that any disclosure or misappropriation of the disclosing party’s Confidential Information in violation of this Agreement may cause irreparable harm, the amount of which may be difficult to ascertain, and therefore agrees that the disclosing party shall have the right to apply to a court of competent jurisdiction for specific performance and/or an order restraining and enjoining any such further disclosure or breach and for such other relief as the disclosing party shall deem appropriate. Such right is to be in addition to the remedies otherwise available to the disclosing party, at law or in equity. The parties expressly waive the defense that a remedy in damages will be adequate and any requirement in an action for specific performance or injunction for the posting of a bond by the disclosing party.
Intellectual Property. Various materials will be used and created by B Think Forward during the course of this Agreement and communicated to Purchaser, including media lists and written work, which may be pre-existing or created during the course of services performed under this Agreement (“Project Materials”). You have a non-exclusive, non-transferable, world-wide license to use any Project Materials in the course of the marketing and promotion of your business.
No Guarantees or Warranties. B Think Forward cannot and does not guarantee that the goals of Your service, discussed between the parties, or imagined by the parties will be met, because that is beyond the control of the parties. B Think Forward disclaims any warranties of any kind, express or implied.
Purchaser Warranty and Indemnification. Purchaser warrants that any materials it provides relating to this Agreement, including written materials, photography, and video, and any materials on its website or other social media properties, do not infringe upon the copyright, trademark, trade secret, publicity rights, or other interests of any other person or property. Contractor agrees to indemnify B Think Forward against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by it under this Agreement.
Damages. To the extent allowed by law, under this Agreement, B Think Forward will not be liable for indirect, special, incidental, punitive, exemplary or consequential damages, regardless of legal theory, whether or not it has been warned of such damages, and even if all other remedies would fail.
No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all of the parties.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein.
Section Headings. The section headings in this Agreement are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
Assignment. No party will assign this Agreement to any other party without the other party’s written consent.
Choice of Law and Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina. Any and all disputes, controversies, claims, or differences arising out of, relating to, or having any connection with this Agreement, shall exclusively be brought and heard in the County of Orange, the State of North Carolina, and both parties consent to jurisdiction in the County of Orange, the State of North Carolina.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.