Skip to content
FREETHINK MEDIA, INC. TERMS OF SALE

Last updated on October 13, 2025
These Terms of Sale (“Terms of Sale”) govern purchases and other interactions you may have with products and services, including digital products, digital subscriptions and one-time purchases, offered by Freethink Media, Inc. (with a principal office located at 626 E. St. NW Ste 200, Washington, D.C., United States, 20001) and certain of its subsidiaries (including Freethink, LLC and Big Think, LLC) (collectively, “Big Think” or “we” or “us”), unless we make available other terms and conditions that expressly govern. If you have access to Big Think products and services through your employer or another corporate subscriber, additional terms and conditions may apply. These Terms of Sale also apply to your interactions with those products and services but do not require you to make any purchase in your personal capacity. In these Terms of Sale, unless the context otherwise requires, all further references to “you” and “your” means you as an individual user. Subscriptions are open to individuals who are at least the minimum legal age to enter into a contract in their country of residence and the age requirements set out in Section 4.1. Subscriptions are personal and cannot be resold or transferred except as otherwise permissible under applicable law. Users in certain jurisdictions outside the United States should refer to Section 5 below for additional information about your rights relating to your use of products and Services offered by Big Think. Your access to and use of the Services (as defined in Section 1.1), whether or not you make a purchase, is also governed by our Terms of Use, which are incorporated into these Terms of Sale by reference. By completing a purchase or subscribing to any paid Services, you agree to be bound by both these Terms of Sale and the Terms of Use.

1. GENERAL TERMS OF SALE

1.1. Definitions

The term “digital product” refers to digital products available from Big Think, including both Big Think digital subscriptions and one-time purchases.

The term “Services” refers to Big Think’s subscription services and products on Big Think’s websites, including bigthink.com (the “Site”), Big Think’s mobile sites and applications, any of the features of the Site, including, but not limited to, RSS feeds, software, and other downloads, as well as fulfillment of any print components (such as issues of a Big Think magazine) included in a subscription.

1.2. About Digital Products

You are not required to purchase anything for certain limited use of bigthink.com or any applications. However, if you do not purchase a subscription or product, your access to Big Think content and services will be limited. We reserve the right to modify the content, type and availability of any digital product at any time. If you do not agree to the modifications, you may cancel your subscription through the methods explained in Section 2.1 below. Only one person may use the email address and password associated with a digital product account. For details about your purchases, including payment methods and subscription periods, visit your member account page within the bigthink.com website. As noted above, other terms may apply to particular products.

1.3. Big Think Processing and Payment

We will process your purchase as promptly as possible. There may be a delay in the activation of your product while payment details are verified. We accept major credit cards, PayPal and other payment methods made available during the purchase process. Accepted payment methods may vary based on your location. We reserve the right to reject any order or purchase at any time. By providing payment information to us, you agree that the payment information is valid. If your initial payment authorization is later revoked, your subscription, product or access will be terminated. You may contact us at Memberships@bigthink.com if you believe your access was terminated in error. Unless expressly specified otherwise in these Terms of Sale, all charges are nonrefundable. To view or change your payment method, visit the My Membership section of your member account page on bigthink.com. All fees are payable in accordance with the payment terms in effect when the fees become payable. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details to help prevent any interruption to the services. If you would like to use a different payment method or if there is a change in payment method, please visit the My Membership section of your member account page on bigthink.com. to update your billing information. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the updated service. It is your responsibility to contact your credit card issuer regarding your right to opt out of the updated service.

In certain circumstances, including in certain jurisdictions, we may use a third-party payment processor (“Third-Party Payment Processor”) to bill you through a payment account linked to your account on the services for your subscription fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Third-Party Payment Processor in addition to these Terms. We do not endorse, verify or monitor the services / products offered by such Third-Party Payment Processors and the contents displayed on the websites of such Third-Party Payment Processors. We are not providing any representations, warranties or undertaking any contractual covenants on the quality of service provided by any Third-Party Payment Provider to you. By signing up for a subscription, you agree to pay us, through the Third Party Payment Processor, all charges at the prices then in effect for such subscription in accordance with the applicable payment terms, and you authorize us, through the Third-Party Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third-Party Payment Processor makes even if it has already requested or received payment.

Your non-termination or continued use of a subscription reaffirms that we are authorized to charge your payment method provided to Big Think for the applicable subscription fees. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected your subscription (or as your payment terms may be amended thereafter).

1.4. Pricing

When you purchase a product, the price will be made clear during the order process. You agree to pay the price stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. Prices are subject to change. Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively. All prices are stated in United States Dollars or another currency specified by Big Think at the time of the purchase, which may depend on your billing address. Applicable taxes may vary depending on the jurisdiction. We may not be able to notify you in advance of changes in applicable taxes. If a stated price or other material information is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product or service at that price and reserve the right to cancel, terminate or not process orders (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.

Your subscription may not include access to all areas of the digital product, and you may have to pay additional fees for full access. Where applicable, these additional charges will be clearly stated. When you use your digital product, you may incur other additional charges from a Third-Party Payment Processor, such as telecommunications fees or data fees. You are responsible for paying any such additional charges. If you believe someone else has used your account or you are being charged for a product you do not have, please contact our Support team at Memberships@bigthink.com.

1.5. Billing and Subscriptions

1.5.1. Billing of Subscriptions

If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annually) until you cancel such recurring subscription in the manner set forth in Section 2.1. You authorize us to charge your first subscription fee and any applicable taxes on or after the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription in accordance with Section 2.1 below; (c) we decline to renew your subscription; or (d) these Terms of Sale are otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included in Section 2 below. As noted below, we may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion. After you have set up an account, you can access information about your subscription period by visit the My Membership section of your member account page on bigthink.com or by contacting our Customer Service at Memberships@bigthink.com.

Subscriptions and other purchases through a third party (e.g., Google Play or iOS, or as part of a third-party subscription bundle offering) are managed directly by the applicable third party. You should consult with the appropriate third party to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Those third parties collect one-time and subscription fees, manage the subscription, and report to us on the status of subscription accounts that have been purchased from them. We do not have the ability to initiate, cancel, or refund such a third-party subscription on your behalf, but we do have the ability to make changes to your subscription entitlements in connection with such third-party subscriptions (for example, by turning off your entitlement to a subscription if you canceled it through a third-party).

1.5.2. Billing of One-Time Purchases

When you make a one-time purchase through Big Think (e.g., a subscription sponsorship or standalone product such as an article from our archives or a gift subscription, or licensed content), we will charge or debit your Payment Method at the time of purchase.

1.5.3. Changes to Subscriptions, Products, and Services

We may change subscription terms or subscription fees at any time on a go forward basis in our sole discretion. If the pricing for your subscription increases, we will notify you and provide you an opportunity to cancel or change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription, product, or service on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your subscription. Your failure to cancel or your continued use of any Big Think product or service after the changes become effective will constitute your acceptance of the changes. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.

1.6. Unpaid Charges

If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the product or Services or cancel your subscription. If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your account and you will remain responsible for all charges and uncollected amounts incurred until you cancel pursuant to Section 2.1 or we, in our sole discretion, decide to terminate your account. In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.

1.7. Promotions

We may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. We may offer promotional trial subscriptions to allow access to the products or services on a trial basis or at a promotional rate. If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you are required to provide your payment details when you sign up in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid subscription and your payment method will be charged the applicable fee unless you have canceled your subscription in accordance with Section 2.1. You may cancel your subscription during your free trial to avoid being charged as described above and below; such cancellation will be effective immediately. If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of subscription periods and upon completion of that period, your subscription will continue to automatically renew at the applicable full rate. To avoid being charged the full rate, you must cancel in accordance with Section 2.1 before the promotional period ends. You may only be permitted to use one free trial or promotional rate offer. If your subscription is ever canceled or terminated for any reason and you purchase an additional subscription, you may not be eligible for a free trial or another promotional rate offer. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.

We may offer promotional pricing or credits to new or existing subscribers and for other marketing purposes, such as a referral program (“Referral Program”). Eligible users may be able to earn benefits (like discounts or credits) by inviting their eligible friends and family as new customers, or subscribing to a new, eligible Big Think subscription. New users may be able to purchase a subscription at a discount through the Referral Program. Your ability to earn, use, and take advantage of such benefits and discounts is subject to applicable terms and instructions. You must be truthful and accurate in your participation in the Referral Program. Each apparent referral is subject to independent verification by us. Benefits earned through the Referral Program must be used by the intended audience for the intended purposes and may not be sold or transferred in any manner or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Big Think. Except as permitted by Big Think, such benefits are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. Benefits earned through the Referral Program may not be used in conjunction with select promotions. You agree we may change the terms and conditions of the Referral Program, terminate the Referral Program, or withhold, expire, deduct, limit, invalidate, or modify your benefits at any time for any reason, including, but not limited to, in the event that Big Think determines or believes that your participation in the Referral Program or use or redemption of benefits was in error, or was fraudulent, illegal, or otherwise in violation or circumvention of these Terms of Sale or other policies or requirements posted by us in relation to the Referral Program (including, but not limited to, providing incomplete or untruthful information, attempts to refer “dummy” email accounts, attempting to register the same individual under different names or email addresses, or completing registration information on behalf of others). Big Think will have the final decision in any disputes over your participation in the Referral Program.

1.8. Software Products

If you purchase a digital subscription that includes downloadable software, your download and use of that software may be subject to different or additional terms or end user license agreements.

1.9. Third Parties

If you have purchased your product or services through a third party (such as Google Play or iOS, or as part of a third-party subscription bundle offering), these Terms of Sale may not apply to you. In that event, your contract for such products will be with the third party and not with us. We are not liable to you for any claims related to purchases made through third parties. Please contact the third party directly.

1.10. Electronic Notifications

You consent to receive notifications from us electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

1.11. Severability

If any section of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining sections.

1.12. Entire Agreement

The Terms of Sale, the Terms of Use, and any other special terms or policies expressly incorporated by reference constitute the sole and entire agreement between you and Big Think with respect to your purchases and use of the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same. If there is a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale will control with respect to pricing, billing, renewals, cancellation, and refunds; otherwise, the Terms of Use govern.

1.13. Content on the Services

The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available in connection with the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content”) are protected by copyright, and owned or controlled by Big Think or the party credited as the provider of the Content. Big Think also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed in connection with the Services. Non-commercial use does not include the use of Content without prior written consent from Big Think in connection with: (1) the development of any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation); or (2) providing archived or cached data sets containing Content to another person or entity.

The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Services and Content pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including software) in whole or in part except as permitted by applicable law or as expressly authorized by Big Think in writing. You may download or copy certain Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Big Think, or the copyright holder identified in the copyright notice contained in the Content.

1.14. Delivery of Print Issues

If your subscription includes print issues, those will be delivered by mail or courier to the address you provide. Unless otherwise specified at the time of order, we will ship print issues within thirty (30) days of the date of publication. Delivery dates are estimates only and may vary by location. Subscribers are responsible for providing and maintaining accurate mailing information; we are not responsible for delays or non-delivery caused by incorrect or incomplete addresses. Risk of loss or damage passes to you upon our delivery of the issue to the carrier. For subscribers outside the United States, delivery times may be longer and additional shipping fees, customs duties, or taxes may apply.

2. CANCELLATION AND REFUND POLICY

2.1. Cancellation and Refunds of Subscriptions

When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current billing period. To avoid future charges, you must cancel your subscription prior to the end of your current subscription period, which you can find in the Billing Information section of your user profile on bigthink.com . If you cancel prior to the deadline, you will not be charged. If you were inadvertently charged after a timely cancellation, you will be eligible for a refund of those post-cancellation charges. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately; for all other subscriptions your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your subscription for the remainder of the subscription period.

Subscribers are given various cancellation options. These methods of cancellation are subject to change. Once your subscription has been canceled, you will have limited access to Big Think’s content. Cancellations do not affect issues already printed or shipped. Such issues are non-refundable. Any refunds will exclude shipping and handling charges, unless required by law. We explain each of these methods of cancellation below. You can also find these cancellation methods on bigthink.com.

Send us an email. Email us at Memberships@bigthink.com with details about your account.

Go to your account. All digital subscriptions billed through Big Think can be canceled using your account.

If you subscribe to multiple products or services, your cancellation of one product or service may not result in the cancellation of all products or services. If you purchased your subscription through a third party (such as Google Play or iOS), you will need to use the third-party platform or contact the third party directly to cancel or make changes to your subscription. EXCEPT AS OTHERWISE STATED IN THESE TERMS OF SALE OR AS REQUIRED BY APPLICABLE LAW, THE PAYMENT OF THE SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund or credits for the time remaining in your subscription period. Except as otherwise stated in these Terms of Sale or as required by applicable law, you will continue to have the same access and benefits of your subscription for the remainder of the current subscription period. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

2.2. Suspensions or Cancellations by Us

Without limiting any other remedies, we reserve the right to suspend or terminate your subscription or product or portion thereof for any reason, with or without notice and without further obligation. If we cancel your subscription, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we will not be obligated to grant you a refund if we terminate your subscription because we determine, in our sole discretion, that your actions or your use of the products or services violate these Terms of Sale or any applicable law, or has harmed the service, product, or another user. If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion.

2.3. Changing Your Subscription

When you change your subscription, you may receive a pro-rated credit for fees paid in advance for your prior subscription that will be used toward your new subscription, at our sole discretion.

2.4. Pro-Rated Credits

If you cancel your subscription prior to using all of the pro-rated credit, then you may no longer have access to any unused portion of that credit.

2.5. Cancellation and Refunds of One-Time Purchases

Unless specified otherwise in these Terms of Sale, one-time purchases cannot be canceled or refunded. If we issue a discretionary refund or credit, we are under no obligation to issue the same or similar refund in the future.

3. CHANGES TO THESE TERMS OF SALE

We may, from time to time, change these Terms of Sale. When such changes are made, we will make a copy of the new Terms of Sale available to you on our website. If you do not cancel the Services after the changes become effective, you agree to the changed terms.

4. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES

4.1. Customer Representations and Warranties

If you utilize the Services, you represent that you (a) are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else; and (b) if you are under eighteen years old, your parent or legal guardian has read these Terms of Sale and agreed to them and your use of the Service. If you upload, post, send, or submit any content on the Services, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to or distribute or otherwise publish to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish to, the Services any content. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”

The Services may be used only in a noncommercial manner. You must not, without the express approval of Big Think, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You may not use all or part of the Services to collect, store, or use any user information for any purpose not expressly permitted by these Terms of Sale.

4.2. Indemnification

You hereby indemnify, defend and hold harmless Big Think and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you or any user of your account of these Terms of Sale or the foregoing representations, warranties and covenants; or (b) your gross negligence or willful misconduct. You must cooperate as fully as reasonably required in the defense of any such claim. Big Think reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

4.2.1. No Big Think Representations or Warranties

Big Think does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. Big Think will not be liable to you or any other person as a result of a user’s interactions with other users. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information will be at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES AND ALL SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE WE TRY OUR BEST TO ENSURE THAT THE SERVICES ARE ALWAYS AVAILABLE, UP-TO-DATE AND CORRECT, BIG THINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE CONTENT OR OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE WILL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED IN THE SITE, THE CONTENT, OR THE SERVICES. NOTHING CONTAINED IN THE SITE WILL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.

4.3. LIMITATION OF LIABILITY

IN NO EVENT WILL BIG THINK, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (THE “BIG THINK PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, SUBMISSIONS OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOST GOODWILL, OR COMPUTER FAILURE OR MALFUNCTION (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE BIG THINK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE BIG THINK PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

5. ADDITIONAL TERMS OF SALE FOR USERS IN CERTAIN JURISDICTIONS

All parts of these Terms of Sale apply to the maximum extent permitted by applicable law. However, you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of these Terms of Sale or their application to any party or circumstance is restricted, prohibited, or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition, or unenforceability without invalidating the remaining provisions of these Terms of Sale and without affecting the validity or enforceability of such provision in any other jurisdiction or affecting its application to other parties or circumstances. Certain users may have a legal right to cancel their subscription and obtain a refund. The extent of this legal right depends on the laws in the jurisdiction where you reside and the type of subscription you purchased.