Terms of Service

Terms

By accessing this website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

All content on this website is the property of NextThink Media LLC or its licensors and is protected by intellectual property laws. No part of this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without prior written permission from NextThink Media LLC. You are granted no right or license with respect to any of the materials or content.

Client Responsibilities

Clients agree not to use our services for any unlawful or unauthorized purpose. You are responsible for all content you submit or publish through our platform or services. You agree not to:

Infringe on the intellectual property rights of others.
Use our services to transmit spam, malware, or unauthorized solicitations.
Misrepresent your identity or affiliation with any person or organization.

Violation of these terms may result in immediate suspension or termination of services without notice.

SMS Program Terms & Disclosures

Program Name: NextThink Media LLC Alerts

Program Description: Clients may receive appointment confirmations, reminders, updates, and promotional content related to our marketing services via SMS.

You can cancel the SMS service at any time. Simply text “STOP” to the number you receive messages from. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up again through our web forms.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or contact us at 727-339-6913.
Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. Contact your mobile provider for details on your data or text plan.

We do not share your mobile number or opt-in status with third parties or affiliates for marketing purposes.

We comply with all industry best practices and applicable laws related to messaging.

You must be 18 years or older to participate in our SMS program.

By providing your phone number and opting in through our website, you give express written consent to receive SMS messages from NextThink Media LLC. We do not share your mobile number or opt-in status with third parties or affiliates for marketing purposes. All messaging practices comply with industry best practices and applicable regulations, including A2P 10DLC carrier requirements.

For privacy-related inquiries, please refer to our privacy policy: https://nextthinkmedia.com/privacy-policy

Intellectual Property

All materials, designs, strategies, content, and tools created by NextThink Media LLC during the course of providing services remain our intellectual property unless otherwise agreed in writing. Clients may use these materials solely for their own business purposes and may not resell, redistribute, or sublicense them without our written permission.

Accuracy of Materials

The materials appearing on the website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website are accurate, complete or current. We may make changes to the materials contained on its website at any time without notice. However, we do not make any commitment to update the materials.

Service Availability

We strive to maintain uninterrupted access to our services but do not guarantee 100% uptime or error-free operation. From time to time, the website or services may be temporarily unavailable for maintenance, upgrades, or unforeseen issues. We are not liable for any loss or damage caused by such interruptions.

Subscription and Contract Terms

Some services may be offered on a subscription or contract basis. By signing up for a monthly, 6-month, 12-month, or custom-duration package, you agree to the full term of the agreement.

Contract Commitments: Clients who enter into fixed-term agreements (e.g., 6 or 12 months) are financially responsible for the entire term, regardless of early cancellation or non-use of services, unless otherwise agreed in writing.
Auto-Renewals: For subscriptions set to automatically renew, you may cancel by providing written notice at least 5 business days prior to the renewal date.
No Partial Refunds: We do not provide prorated refunds for unused time or services once the contract term has begun.

All cancellations must be submitted in writing to be valid.

Business-to-Business Terms

All services provided by NextThink Media LLC to businesses are subject to these Terms of Service. Any proposal, scope of work, or service agreement entered into with a business entity shall be considered legally binding. By engaging our services, the business affirms that the person executing agreements has full authority to bind the entity.

Business clients acknowledge that project timelines and deliverables are contingent upon timely communication and cooperation. Delays caused by client inaction or lack of communication may result in adjusted delivery schedules.

Payment Terms and Collections

Payments are due according to the invoice terms stated at the time of service agreement. Late payments may incur a late fee of 1.5% per month or the maximum allowed by law, whichever is less.

If payment is not received within the specified timeframe, NextThink Media LLC reserves the right to suspend services and pursue collection efforts. Clients agree to pay all reasonable collection costs, attorney fees, and court costs incurred in recovering unpaid amounts.

Indemnification

You agree to indemnify, defend, and hold harmless NextThink Media LLC, its affiliates, and its employees from any claims, liabilities, damages, losses, or expenses (including attorney’s fees) arising out of or related to your use of the services, your violation of these terms, or your infringement of any intellectual property or other rights of a third party.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to natural disasters, war, labor disputes, internet or power outages, or government restrictions.

Disclaimer

a. The materials on this website are provided on an 'as is' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

b. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Links

We have not reviewed all of the sites linked to our website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.

Modifications

We may revise these terms of service for this website at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these terms of service.

Refund Policy

You may request a refund at any time for a service that has not yet been delivered or fulfilled. A service is considered fulfilled once any of the following has occurred:

Work has begun on the project.
Digital materials, deliverables, or access have been provided.
Strategy sessions or consultations have been conducted.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Florida. You irrevocably submit to the exclusive jurisdiction of the courts located in Pinellas County, Florida for any disputes arising out of or relating to these terms or your use of our services.

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