Terms of Service
We share this information with you to empower you with the knowledge around what and how our services work, and what are our mutual responsibilities when engaging Big Picture Thinking. We strive to explain our Terms in simple, clear, and normal language, using reasonable and customary terminology for Elite Advisory services.
Then, there are those long legal phrases that our lawyers make us add. Please read carefully and only purchase from us, if you understand this document.
The content, including all information, tools, and Elite Advisory services available to you as provided to you on www.Big PictureThinking.com (the “Site”) are provided by Big Picture Thinking. All access and services are subject to the following terms and conditions (the “Terms” or “Terms of Service”), our Privacy Policy and any other terms on the Site. We may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1. Description of Service
This Site provides a variety of resources and information for visitors and users (“Clients”) to find, engage and purchase Big Picture Thinking Elite Advisory services (the “Services”). The deliverables for all Elite Advisory sessions are the conversations that take place over the phone or via other agreed-upon electronic means of communication, during the purchased hours, between Clients and the assigned Big Picture Thinking Elite Advisor. The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and Big Picture Thinking. Any services requested by Client outside of the scope of this Agreement will require a separate written agreement between the parties.
2. Confidentiality
We take confidentiality seriously, yours and ours. The purpose of confidentiality between the Client and Big Picture Thinking is to enhance the Elite Advisory relationship. This is done by allowing the Client to understand the boundaries of information that they may comfortably speak of in their Elite Advisory sessions. As long as none of the factors that are outlined in this agreement take place, confidentiality will be maintained.
All interactions which take place in the setting of Elite Advisory services are considered confidential. This includes: verification by Big Picture Thinking that you are a Client, and all interactions during the Elite Advisory session and any session notes. You may choose to give us permission, in writing, to release any or specific information about the content discussed during the Elite Advisory session, to any person or company that you designate. We will not share information of a confidential or proprietary nature that you disclose to us during your Elite Advisory sessions, except as provided below.
If compelled by order of a court, or other governmental or legal body.
Internal to Big Picture Thinking team and our Big Picture Thinking’s Accessing Expertise as a Service Platform (AESP), as needed, to best match your topic requests to the best Big Picture Thinking,
to prepare for, and/or continue Elite Advisory Services that you purchased.
As required through the collection of your data information necessary to run our AESP website platform or as otherwise permitted by our Privacy Policy with respect to your personal information.
As agreed to, in writing, by you.
Your assigned Big Picture Thinking (Elite Advisor) may, at times, consult with other Big Picture Thinking Elite Advisors about your topic. This consultation is in an effort to ensure that you get, and we give you, the best advice possible. If this occurs, your Big Picture Thinking Elite Advisor agrees to not disclose any of your personal identifiable information when discussing your topic, and the time of this discussion is not billable to you. Our obligations of confidentiality do not apply to any information which: (a) is already known to us at the time of disclosure or becomes known to us from a third party under no obligation of confidentiality; (b) is or subsequently becomes publicly available; or (c) is developed independently by us without use of, access to, or reference to your confidential information.
As a Client, you agree not to share information you obtained under separate non- disclosure agreements that you are a party to. You agree you are fully liable to make decisions in regard to what you can share or not, and you agree to be fully responsible for the disclosure to us.
As a Client, you agree to protect the confidentiality of your Big Picture Thinking Elite Advisor and the advice provided to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
If you are compelled by order of a court, or other governmental or legal body (or have notice that such an order is being sought), to divulge any Confidential Information of Big Picture Thinking, you agree to promptly and diligently notify Big Picture Thinking at , and cooperate fully with Big Picture Thinking in protecting such information to the extent possible under applicable law.
3. Privacy Policy
You understand that your access to the site will result in the collection, use and storage of your information which is subject to our Privacy Policy. Through your access to the site you consent to the collection, use and storage of such information, which will be held at our platform provider, SquareSpace Inc.’s discretion, and may be processed and stored around the world. For an explanation of Big Picture Thinking’s practices and policies related to the collection, use, and storage of our Client’s information, please read our Privacy Policy.
4. Conflict Management
Experts often have conflicts. At Big Picture Thinking, we do our best to solicit expert conflicts based on the information you provide to us. We use your information to disqualify experts from certain Elite Advisory sessions that are not suitable for them. Among other things, in connection with Elite Advisory sessions, we will ask foundational questions (“BrainDrain Questionnaire”), upon completion of purchase, via an online form. Your answers help best match your requests to the right Big Picture Thinking Elite Advisor, without conflict, who has the requisite knowledge to provide you meaningful advice. You agree to answer the topical questions timely. You agree that our matching process, and conflict resolution, is only as good as the information that you provide in the BrainDrain Questionnaire. You further agree that should you choose to not provide answers to the BrainDrain Questionnaire, or disclose potential areas for conflict, that you are responsible for any later conflict identification, potential dissatisfaction, and you agree you are not eligible for any type of refund or restitution.
5. Online Website Terms
By agreeing to these Terms of Service, you agree that you acknowledge that Big Picture Thinking uses SquareSpace Inc. to power our online website platform. SquareSpace provides us with the online e-commerce platform that allows us to sell our services to you. As such, you acknowledge that you have read and agree with our Privacy Policy.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
By agreeing to the Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You also agree you will not transmit any worms, or viruses, or any other type of destructive code or technology of this nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
6. Our Services, Appointments, and Refunds
Our services may be available exclusively online through our Site. We do our best to offer a range of available hours, not only during the business working day, but also outside of regular business hours. It is our every intent to respond quickly to your appointment requests. Given certain high demand periods, conflict identifications, and other considerations that may or may not impact availability of hours, our services may be limited at times. Our services, once purchased and upon commencement of the first MindFrame session, are not returnable or refundable. All Elite Advisory hours expire one-year post-purchase date, and if not used within that time period, are automatically forfeited.
Our Big Picture Thinking Elite Advisors are busy professionals and their time, like yours, is valuable. Their job is to serve our Clients, and each are booked regularly for Elite Advisory MindFrame sessions. Therefore, should you need to reschedule your appointment with your Big Picture Thinking, we ask that you notify us immediately through our automated scheduling system. You also agree, that should you not notify us timely, one (1) business day in advance of your already booked appointment, to reschedule and/or you do not show up to your appointment, the booked hours for that appointment will not be rescheduled, and you forfeit those hours.
We strive to match you with the right Big Picture Thinking Elite Advisor for your topical discussions. We will provide the services in a professional manner, but we do not warrant that the quality of our services or advice provided to you will meet your expectations.
7. Modifications to the Services and Prices
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Although rare, at times we are not able to successfully match your topic for advice, as you specify on your BrainDrain Questionnaire, to the key capabilities of our Big Picture Thinkings. Should this occur, the concierge will contact you, and if we cannot match your need, we will refund you before your appointment occurs.
8. Accuracy, Completeness, and Timeliness of Information
We have made every effort to display, as accurately as possible, the description of our Elite Advisory Services. However, we cannot guarantee that your computer monitor displays the details, colors, images, or features available accurately. Nor do we assert that any image on our website is representative of an actual Big Picture Thinking. We utilize images on the website that are representative of our team but are not actual photos of them.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, appointment times, images, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
10. Accuracy of Billing and Order Information
We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same Client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulent, or placed by other non-approved Elite Advisory firms, or resellers.'
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12. CLIENT COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; USE OF SITE
If you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Intellectual Property Rights
Site Content, copyrights, trademarks, service marks and logos contained therein (“Marks) are owned by or licensed to Big Picture Thinking, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
14. To Report A Concern About Content On The Site
If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, please notify the Big Picture Thinking Compliance Department at: Big Picture Thinking, Attention: Compliance Department, Big Picture Thinking, LLC, 3130 N Harwood St | Suite 807, Dallas, TX 75201; and send an email to: compliance@BigPictureThinking.com
15. Copyright Policy
Big Picture Thinking prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Big Picture Thinking at the address listed in Section 14, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Big Picture Thinking will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
16. Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT Big Picture Thinking IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Big Picture Thinking MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Big Picture Thinking OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF YOU OR Big Picture Thinking HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. Big Picture Thinking’S MAXIMUM LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY CLIENT.
17. Indemnification
As a condition of your use of this Site, you agree to indemnify, defend and hold Big Picture Thinking, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.
18. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties. Big Picture Thinking does not endorse and has no responsibility for the availability or content of these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. Big Picture Thinking shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site. Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
19. General Terms
Governing Law; Jurisdiction: These Terms are governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas, with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any failure by Big Picture Thinking to enforce a provision of these Terms shall not preclude it from enforcing the same provision at another time.
Complete Agreement: These Terms sets forth the entire understanding between you and Big Picture Thinking and supersedes all prior version of the Terms. In addition, you may also be subject to additional terms and conditions when you use or access other Big Picture Thinking or Big Picture Thinking, LLC affiliate services or content.
Severability: If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.
Big Picture Thinking, LLC