Terms of Service | brienblatt.com

These Terms of Service ("Terms") govern your use of brienblatt.com (the "Website") operated by Brien Blatt. By accessing or using this Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website.

1. Acceptance of Terms

By accessing this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Brien Blatt.

2. Eligibility

You must be at least 13 years old to use this Website. By using this Website, you represent that you are at least 13 years old. If you are under 18, you must have parental or guardian consent to use this Website.

3. License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use this Website for personal, non-commercial purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from this Website.

4. Prohibited Conduct

You agree not to:

Use the Website for any illegal purpose or in violation of any local, state, national, or international law
Scrape, crawl, or spider the Website or use automated tools to harvest data
Use the Website to transmit viruses, malware, or any harmful code
Attempt to gain unauthorized access to the Website or its systems
Interfere with or disrupt the Website or servers connected to the Website
Use content from this Website for commercial purposes without prior written permission
Use content from this Website for AI/ML training or data collection without explicit permission

5. Intellectual Property

All content on this Website, including text, graphics, logos, images, and software, is the property of Brien Blatt or its content suppliers and is protected by international copyright laws. Unauthorized use of any content may violate copyright, trademark, and other laws.

Trademarks: "Brien Blatt" and brienblatt.com are common-law trademarks of Brien Blatt. All other trademarks are the property of their respective owners.

6. User-Generated Content

If you submit content to this Website (e.g., through contact forms), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, display, reproduce, modify, and distribute such content for the purposes of operating and improving the Website. You represent that you own all rights to the content you submit.

7. Contact Form Disclaimer

Submitting a message through our contact form does not guarantee a reply. Information you submit is not treated as confidential; do not send sensitive personal, medical, financial, or proprietary information through this form. Use of this form does not create a client, attorney-client, doctor-patient, therapist-patient, consultant, or other professional relationship between you and Brien Blatt. Any engagement for paid services requires a separate signed written agreement. By submitting the form, you consent to receive a reply via email at the address you provide. Form submissions are transmitted via Resend (resend.com), our email-delivery processor.

8. Professional Services

Any writing, SEO, or other professional services offered through this Website are subject to separate written agreements. The general terms on this Website do not govern service engagements. All substantive terms for services will be included in a Master Services Agreement and Statement of Work provided to clients.

9. DMCA and Copyright

We respect the intellectual property rights of others. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us using the contact form with "DMCA Notice" in the subject line.

10. Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR VIRUS-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIEN BLATT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE.

IN NO EVENT SHALL BRIEN BLATT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS YOU HAVE PAID TO BRIEN BLATT IN THE PRECEDING 12 MONTHS.

NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR PERSONAL INJURY CAUSED BY SUCH CONDUCT.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of New York County, New York.

13. Indemnification

You agree to indemnify, defend, and hold harmless Brien Blatt and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any third-party rights.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will continue in full force and effect.

15. Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on this page and updating the "Last updated" date. Continued use of the Website after changes constitutes acceptance of the updated Terms.

16. Termination

We reserve the right to terminate or suspend your access to the Website at our sole discretion, without notice, for any reason, including but not limited to violation of these Terms.

17. Donations and Voluntary Support

The Website may invite you to make a voluntary donation through third-party payment processors (currently Buy Me a Coffee; BTCPay Server may be offered for cryptocurrency donations in the future). The following terms apply to any such donation:

Not a registered nonprofit. Brien Blatt is not a registered 501(c)(3) or other tax-exempt charitable organization. Donations are voluntary personal gifts and are not tax-deductible as charitable contributions in the United States or elsewhere.
No goods or services. A donation does not purchase, unlock, or entitle you to any goods, services, private content, consulting, advice, support, advisory relationship, or other deliverable. For paid professional services, a separate written agreement is required (see Section 8).
Non-refundable. Because donations are gifts rather than purchases, all donations are final and non-refundable. If you believe a donation was made in error (for example, a duplicate charge or an incorrect amount), you may contact us and we will make a reasonable good-faith effort to assist, but refunds are at the discretion of the third-party processor and are not guaranteed. Cryptocurrency donations are final upon on-chain confirmation and cannot be reversed by us under any circumstances.
Recurring donations. If you elect a recurring donation (e.g., a Buy Me a Coffee "membership"), you authorize the processor to charge the payment method you provide on a recurring basis until you cancel. Cancellation is managed through the processor's account dashboard, not through this Website.
Processor relationship. Payments are collected and processed entirely by the third-party processor you select. We do not receive, store, or have access to your payment card details. Your use of the processor is subject to the processor's own terms of service and privacy policy. We are not responsible for the processor's actions, fees, outages, or disputes.
Eligibility. You represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter a financial transaction, and are using funds you are legally entitled to use. Donations made using stolen, fraudulent, or unauthorized payment methods will be refused or reversed where possible.
Chargebacks. Initiating a payment dispute or chargeback on a voluntary donation without first contacting us in good faith is a breach of these Terms. We may decline future donations from parties who do so.
Discretionary use. We use donations at our sole discretion to support the continued operation of the Website and related work (hosting, tools, time). We do not commit to any specific use of funds.
Right to refuse. We reserve the right to refuse or return any donation for any reason, including but not limited to suspected fraud, legal concerns, or conflicts of interest.
International donors. You are responsible for complying with your local laws regarding outbound payments, including any applicable tax, reporting, or currency control requirements. For cryptocurrency donations, you are responsible for determining and reporting the fair-market value of the donation for your own tax purposes.

See also the Privacy Policy § 4b for what donation-related data, if any, touches this Website.

18. Contact

For questions about these Terms of Service, please use the contact form on this Website.