Ben PerryBetter Thinking

Pirate Marketing – Terms of Service

Effective date: October 26, 2026

Last updated: October 26, 2026

1. General

1.1 Who we are. The website at https://benperry.co (the "Site") is owned and operated by Pirate Marketing LLC ("Pirate Marketing," "we," "us," or "our"). These Terms of Service ("Terms") are a legal agreement between you and Pirate Marketing. They govern your use of the Site and your purchase and use of our sales training, sales strategy, consulting, and coaching programs, calls, and materials (together, the "Services").

1.2 Acceptance. By visiting or using the Site in any way, booking a call, or purchasing or using any Service, you agree to these Terms, our Privacy Policy at https://benperry.co/privacy, our Refund Policy (Section 15), and any additional terms shown for a specific program or offer. If you do not agree, do not use the Site or the Services. If you accept on behalf of a company or other entity, you confirm that you have authority to bind it, and "you" includes that entity.

1.3 Client agreements. If you sign a separate written client agreement, order form, or proposal with us for a specific program ("Client Agreement"), that Client Agreement also applies. If it conflicts with these Terms, the Client Agreement controls for that program.

1.4 Eligibility. You must be at least 18 years old and able to enter into a binding contract to use the Services. Our Services are designed for business use. By purchasing, you confirm that you are buying primarily for business or professional purposes, not personal, family, or household purposes.

1.5 Changes to these Terms. We may update these Terms from time to time. When we do, we will post the updated version on the Site and change the "Last updated" date above, and for material changes we will give additional notice, such as a notice on the Site or by email. Updated Terms apply going forward and will not change the price or core scope of a program you have already purchased. If you keep using the Site or Services after an update, you accept the revised Terms.

2. Description of Services

Pirate Marketing provides online sales training, sales strategy and consulting, and personal-development coaching for online coaches, consultants, service businesses, and business owners. Depending on the program, the Services may include live or recorded video calls, group or one-on-one sessions, email support, online community access, templates, scripts, frameworks, worksheets, and other digital materials. The scope, length, format, and price of each program are described on the applicable sales page, invoice, checkout page, or Client Agreement.

All Services are delivered online, mainly through Zoom, email, and digital platforms. You are responsible for your own internet access, devices, and software needed to take part.

We may update, improve, or change program content, formats, schedules, or tools over time, as long as the changes do not materially reduce the core value of a program you have already purchased.

3. Intellectual Property Rights

3.1 Our ownership. The Site and all content on it, and all program materials, trainings, recordings, scripts, templates, worksheets, frameworks, methods, processes, names, logos, and branding (together, "Program Materials"), are owned by Pirate Marketing or its licensors and are protected by copyright, trademark, and other intellectual property laws. Pirate Marketing keeps ownership of its frameworks, methods, and know-how, including any improvements we develop while working with you. Nothing in these Terms transfers ownership of any Program Materials to you.

3.2 Your license to use our materials. For free content on the Site, you may view it and print or save a single copy of individual pages for your own reference, as long as you keep all copyright notices. When you purchase a program and stay current on payments, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Program Materials for your own internal business use only.

3.3 Restrictions. Unless we agree in writing, you may not:

  • resell, sublicense, share, distribute, publish, post publicly, or transfer the Program Materials;
  • share your login or program access with anyone outside your business;
  • copy, record, or redistribute calls, trainings, or materials;
  • use the Program Materials to create a competing course, training, coaching, or consulting program;
  • teach or license our frameworks to others or present them as your own; or
  • remove copyright or other ownership notices.

You may adapt our templates and scripts for use in your own sales process.

3.4 Your content and your license to us. You keep ownership of the content you provide to us, such as your business information, worksheets, questions, and posts ("Your Content"). You confirm that you own Your Content or have permission to share it. You grant Pirate Marketing a non-exclusive, worldwide, royalty-free license to host, store, use, copy, and display Your Content as needed to operate the Site and deliver the Services, including making posts you place in a group or community area visible to other participants. We will not publicly use your name, likeness, results, or testimonial in our marketing without your separate permission.

3.5 Feedback. If you give us ideas, suggestions, or feedback about the Services, we may use them freely without any obligation or payment to you.

3.6 Linking and framing. You may link to the Site's public pages, as long as the link does not suggest that we sponsor, endorse, or are affiliated with you. You may not frame or embed Site content, or copy our content into another website or service, without our written permission.

4. Disclaimers

4.1 No guarantee of results; earnings and results disclaimer. We do not guarantee any particular result, including any specific income, revenue, sales, closing rate, number of clients, or business growth.

Your results depend on many factors outside our control, including your own effort, consistency, and follow-through; your skills, experience, and background; your offer, pricing, and market; the economy and competition; and the time and resources you commit. Many people who buy training or coaching do not achieve meaningful results, often because they do not apply what they learn.

Any examples, case studies, testimonials, income figures, or results shared by Pirate Marketing, on the Site, on social media, in sales conversations, or in program materials are not typical, are not a promise or guarantee, and do not indicate what you will achieve. They reflect the experiences of specific people in specific circumstances. Any statements about future income or performance are opinions or goals, not facts or guarantees. You accept full responsibility for your decisions, actions, and results.

4.2 Not legal, financial, tax, or professional advice. Our Services are for educational and business-coaching purposes only. We are not providing legal, financial, investment, accounting, tax, or mental-health advice, and we are not licensed financial advisers. Our coaching is not therapy and is not a substitute for licensed professional services. Our content is general in nature, not advice tailored to your specific situation. You should consult qualified professionals (such as an attorney, accountant, or licensed therapist) before making decisions in those areas. You are responsible for making sure your own sales and marketing practices comply with the laws that apply to your business.

4.3 Accuracy of information. We try to keep our content accurate and current, but sales, marketing, technology, and legal rules change quickly. We do not guarantee that any content is complete, accurate, or up to date, and you should use it as a general guide rather than your only source of information.

4.4 Third-party sites and tools. The Site and Services may link to or rely on websites, platforms, and tools run by others. A link or recommendation is not an endorsement, and we are not responsible for third-party content, products, services, or practices.

4.5 Disclaimer of warranties. THE SITE, SERVICES, AND PROGRAM MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PIRATE MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL PRODUCE ANY PARTICULAR RESULT, THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. WE ARE NOT RESPONSIBLE FOR OUTAGES OR FAILURES OF THIRD-PARTY PLATFORMS SUCH AS ZOOM, SCHEDULING TOOLS, OR PAYMENT PROCESSORS. SOME JURISDICTIONS DO NOT ALLOW THESE EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

5. Online Commerce: Purchases, Payments, and Payment Plans

  • Prices. Prices are shown on the applicable sales page, invoice, checkout page, or Client Agreement and are in U.S. dollars unless stated otherwise. You are responsible for any applicable taxes.
  • Responsibility for purchases. You are financially responsible for all purchases made by you or anyone acting for you. You agree to provide accurate billing information and to make purchases only for legitimate business purposes, not fraudulent ones.
  • Payment processing. Payments are processed by third-party payment processors (such as Stripe), which may collect your payment and contact details under their own terms and privacy policies. By providing a payment method, you authorize us and our payment processor to charge it for the amounts you agreed to, including each scheduled installment on a payment plan.
  • Payment plans. If you choose a payment plan, you are purchasing the entire program and you are responsible for paying the full program price, even if you stop participating, do not use all of the Services, or ask to cancel. A payment plan is a convenience for spreading out payments, not a monthly subscription that you can cancel at any time.
  • Failed or late payments. If a payment fails or is late, we will notify you and may retry the charge. If the payment is not made within 7 days, we may pause or suspend your access to calls, materials, and support until your account is current.
  • Collections. If an amount remains unpaid, we may make the remaining balance immediately due, refer the account to a collections agency, or pursue other legal remedies. You agree to pay reasonable costs of collection, including collection agency fees and reasonable attorneys' fees, to the extent permitted by law.
  • Chargebacks. Please contact us first if you have a billing concern. Filing a chargeback or payment dispute for amounts you owe under these Terms is a breach of these Terms, and we may provide these Terms, your purchase records, and records of your use of the Services to the payment processor or card issuer in response.
  • Third-party offers. If we recommend or link to a product or service sold by someone else, that purchase is between you and that seller and is governed by its terms. We are not responsible for third-party products or services.

6. Booking, Rescheduling, and No-Shows

  • Booking. Strategy calls and sessions are booked through our online scheduling calendar. You agree to provide accurate information on any booking or screening form. We may decline or cancel a booking at our discretion, for example if the Services are not a good fit.
  • Rescheduling and cancellations. Please reschedule or cancel at least 24 hours before a scheduled call using the link in your confirmation or by emailing ben@benperry.co.
  • Late arrivals. If you are late, the session still ends at its scheduled time. If you are more than 10 minutes late without notice, we may treat the session as a no-show.
  • No-shows. If you miss a scheduled session without timely notice, the session may be forfeited and is not refundable or automatically rescheduled. For free strategy calls, repeated no-shows may mean we decline future bookings.
  • Our changes. If we need to reschedule a session, we will give you as much notice as we reasonably can and offer a replacement time. Rescheduling by us is not grounds for a refund.
  • Program access windows. Sessions and support included in a program must be used within the program term stated in your purchase details. Unused sessions expire at the end of the term unless we agree otherwise in writing.

7. Interactive Features and Client Conduct

7.1 Interactive features. Some programs may include group calls, online communities, chat groups, comment areas, or messaging tools ("Interactive Features"). You are solely responsible for what you post or send through them. Other participants' posts reflect their own views, not ours, and we are not responsible for their accuracy or for any decision you make based on them.

7.2 Conduct rules. When using the Site, the Services, or any Interactive Feature, you agree not to:

  • harass, threaten, abuse, or discriminate against Pirate Marketing, its team, or other participants, or disrupt calls or communities;
  • impersonate anyone or misrepresent your identity or affiliation;
  • post or send anything unlawful, defamatory, obscene, or that infringes someone else's intellectual property, privacy, or publicity rights;
  • upload viruses or harmful code, or interfere with the Site or the systems behind it;
  • try to access accounts, systems, or materials you are not authorized to access, including by hacking or scraping;
  • use the Services for any fraudulent or deceptive purpose, including deceptive sales practices;
  • pitch, advertise, or solicit other participants for your own products or services without our written permission; or
  • collect other participants' contact details or personal information for marketing or any other unauthorized purpose.

7.3 Our rights. We are not obligated to monitor Interactive Features, but we may do so. We may edit, remove, or refuse any content, and we may restrict, suspend, or remove anyone from a session, community, or program, without refund, for violating these Terms. We may also disclose content when we believe the law requires it or when needed to protect our rights or the safety of others.

8. Confidentiality

Each party may receive non-public information from the other, such as business details, financials, sales data, strategies, and unpublished Program Materials ("Confidential Information"). Each party agrees to use the other's Confidential Information only for purposes of the Services and to take reasonable steps to protect it. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is lawfully received from someone else. Either party may disclose Confidential Information if required by law, after giving notice where legally allowed.

In group programs, you agree to keep other participants' personal and business information confidential. We cannot guarantee that other participants will do the same, so please share only what you are comfortable sharing in a group setting.

9. Recording of Sessions

We may record calls and sessions, and use transcription and note-taking tools (such as Fathom or Zoom), to create recordings, transcripts, summaries, and action items. We will give you notice before recording begins, and by staying on a call after notice of recording, you consent to the recording. Recordings are used to deliver and improve the Services, for your replay where offered, and for our internal records, as described in our Privacy Policy. We will not publicly share recordings of one-on-one sessions that identify you without your permission. Group session recordings may be shared with other participants in the same program.

You may not record any session without our prior written consent.

10. Registration and Accounts

Some Services, such as a client portal, course platform, or online community, may require you to create an account. You agree to:

  • give accurate, current, and complete information when you register, and keep it up to date;
  • keep your username and password confidential and not share your account with anyone else;
  • accept responsibility for all activity under your account; and
  • tell us promptly at ben@benperry.co if you suspect unauthorized use of your account or any security breach.

If we reasonably believe that information you provided is false or that your account is being misused or shared, we may suspend or close the account. We are not responsible for losses caused by your failure to protect your login details. Our use of the information you provide at registration is governed by our Privacy Policy.

11. SMS / Text Messaging Terms

If you opt in to receive text messages from Pirate Marketing, for example by checking an SMS consent box on our booking form, you agree to receive the types of messages you selected:

  • Non-marketing messages: confirmations, reminders, and updates about your scheduled calls and sessions.
  • Marketing messages (only if you separately opt in): information about our programs, offers, and events.

Message frequency varies: up to 5 messages per scheduled call for non-marketing messages, and up to 4 messages per month for marketing messages. Message and data rates may apply. Reply STOP to opt out at any time, and reply HELP for help, or email ben@benperry.co. Consent to receive text messages is not a condition of purchase. Carriers are not liable for delayed or undelivered messages. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. For details, see the SMS / Text Messaging section of our Privacy Policy at https://benperry.co/privacy.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  • PIRATE MARKETING AND ITS OWNERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOST DATA, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, THE PROGRAM MATERIALS, OR THE CONDUCT OR CONTENT OF ANY OTHER USER OR THIRD PARTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
  • OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO PIRATE MARKETING IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

If you are unhappy with the Site or the Services, your remedy is to stop using them. Refunds are not available except as stated in Section 15. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you; in those places, our liability is limited to the smallest amount the law allows.

13. Indemnification

You agree to defend, indemnify, and hold harmless Pirate Marketing and its owners, members, employees, contractors, agents, successors, and assigns from any claims, losses, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services or Program Materials, (b) your business, products, services, or sales and marketing practices, (c) Your Content, (d) your breach of these Terms, or (e) your violation of any law or the rights of any third party.

14. Termination

  • By you. You may stop using the Services at any time. Stopping does not cancel amounts owed, including the remaining balance of a payment plan (see Section 15).
  • By us. We may suspend or terminate your access to the Site or the Services if you breach these Terms (including non-payment, misuse of Program Materials, or serious misconduct), or for any other reason with notice. If we terminate for convenience and not because of your breach, we will refund the unused, prepaid portion of the affected program on a pro-rated basis.
  • Effect. When access ends, your license to the Program Materials ends and you must stop using and delete any copies, unless we agree otherwise in writing. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, dispute resolution, and the class action waiver.

15. Refund Policy

All sales are final. We do not offer refunds. This applies to every program, coaching or consulting package, session, event, and digital product, whether paid in full or through a payment plan. No refunds are provided for partially used or unused programs, missed or forfeited sessions, dissatisfaction with results, or a change of mind.

Payment plans remain owed. If you purchased on a payment plan, you are responsible for every remaining installment, even if you stop participating, stop using the Services, or ask to cancel (see Section 5). Stopping payment or filing a chargeback does not cancel what you owe.

The only exception is if we end your program for our own convenience and not because of your breach, as described in Section 14, in which case we will refund the unused, prepaid portion on a pro-rated basis.

16. Other Terms

16.1 Copyright complaints. We respect intellectual property rights. If you believe in good faith that material on the Site infringes your copyright, send a notice by email to ben@benperry.co that includes the information required by the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)): your signature, identification of the copyrighted work and the allegedly infringing material, your contact information, a statement of good-faith belief, and a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the owner. If your material was removed and you believe that was a mistake, you may send a counter-notice that meets the Act's requirements to the same email address.

16.2 Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms, for example to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit each party's permitted successors and assigns.

16.3 Independent contractors. We are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16.4 Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, except for payment obligations.

16.5 Notices. We may give you notice by email to the address you provided. You may give us notice by email to ben@benperry.co.

16.6 Entire agreement and no waiver. These Terms, our Privacy Policy, and any Client Agreement are the entire agreement between you and Pirate Marketing about the Services. Our failure to enforce a provision is not a waiver of our right to enforce it later.

17. Dispute Resolution and Governing Law

17.1 Informal resolution first. If you have a concern or dispute, contact us at ben@benperry.co with a description of the issue and what you are asking for. Both parties agree to try in good faith to resolve the dispute informally for at least 30 days before starting any formal proceeding.

17.2 Governing law. These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules.

17.3 Venue. If a dispute is not resolved informally (and, if Section 17.4 is used, is not subject to arbitration), it will be brought exclusively in the state or federal courts located in Williamson County, Tennessee, and both parties consent to the personal jurisdiction of those courts. Either party may bring a qualifying claim in small claims court.

17.4 Binding arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable rules, before a single arbitrator, in Williamson County, Tennessee, or by video conference. Judgment on the award may be entered in any court with jurisdiction. Either party may still bring a qualifying claim in small claims court or seek temporary injunctive relief in court to protect its intellectual property or Confidential Information. By agreeing to arbitration, both parties give up the right to a trial by judge or jury.

18. Class Action Waiver

To the fullest extent permitted by law, you and Pirate Marketing agree to bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, including a private attorney general action. If Section 17.4 (arbitration) applies, the arbitrator may not combine more than one person's claims or oversee any class or representative proceeding unless all parties agree in writing after the arbitration begins.

19. Severability

If any part of these Terms is found invalid or unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect. If the Class Action Waiver in Section 18 is found unenforceable for a particular claim, then the arbitration provision in Section 17.4 will not apply to that claim, and it will be decided by a court under Section 17.3.

20. Contact Us

Questions about these Terms? Contact us by email:

Pirate Marketing LLC
Email: ben@benperry.co