Terms of Service

  • Last Modified: November 1, 2025
  • Effective Date: November 1, 2025

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of brianshumate.com (the “Website”), operated by Brian Shumate (“we,” “us,” or “our”).

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately cease using the Website.

If you are using the Website on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility and Age Requirements

You must be at least 13 years of age to use this Website. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Website with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Website, you represent and warrant that you meet these eligibility requirements.

3. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

  • Update the “Last Modified” date at the top of these Terms
  • Post the revised Terms on the Website
  • For material changes that affect your rights, provide notice via prominent website notice at least 30 days before the changes take effect

Your continued use of the Website after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Website. For registered users, we may require affirmative acceptance of material changes before you can continue using certain features. It is your responsibility to review these Terms periodically.

4. Use of the Website

4.1 Permitted Use

You may access and use the Website for lawful, personal, non-commercial purposes in accordance with these Terms.

4.2 Prohibited Conduct

You agree NOT to:

  • Violate any applicable local, state, national, or international law Infringe upon any intellectual property rights or other proprietary rights
  • Upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Interfere with or disrupt the Website or servers/networks connected to the Website
  • Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks
  • Use any robot, spider, scraper, or other automated means to access the Website without our express written permission
  • Transmit any viruses, malware, or other malicious code
  • Collect or harvest any personally identifiable information from the Website Use the Website to send spam or unsolicited messages

4.3 Consequences

Violation of these prohibited uses may result in immediate termination of your access and may subject you to civil and criminal liability.

5. Intellectual Property Rights

5.1 Our Content

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, software, and the compilation thereof (collectively, “Our Content”), is owned or licensed by us and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Our Content for your personal, non-commercial use only. This license does not include any right to:

Resell or make commercial use of the Website or Our Content Copy, reproduce, distribute, or create derivative works Download (other than page caching) or modify any portion Use any data mining, robots, or similar data gathering tools Frame or link to the Website without our express written permission

5.3 Trademarks

brianshumate.com and all related logos, product and service names, designs, and slogans are trademarks of Brian Shumate. You may not use such marks without our prior written permission.

5.4 DMCA Compliance

We respect intellectual property rights. If you believe content on the Website infringes your copyright, please contact our designated Copyright Agent at:

brian@brianshumate.com

Your notice must include:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the allegedly infringing material and its location
  • Your contact information (address, telephone number, email)
  • A statement that you have a good faith belief that the use is not authorized
  • A statement that the information in the notification is accurate, under penalty of perjury Your physical or electronic signature

We will respond to valid DMCA notices as required by law.

The Website may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are not owned or controlled by us. We provide these links solely as a convenience. We do not endorse, monitor, or assume responsibility for any Third-Party Services. Your use of Third-Party Services is entirely at your own risk and subject to the terms and conditions and privacy policies of those third parties. We are not liable for any harm or damages related to your use of Third-Party Services. You should review the terms and policies of any Third-Party Services before using them.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to our collection and use of personal information as outlined in the Privacy Policy. If you are located in the European Union or other jurisdictions with specific data protection laws, additional rights may apply to you as described in our Privacy Policy.

8. Disclaimers and Warranties

8.1 “As Is” and “As Available”

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

8.2 Disclaimer of Warranties

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED
  • WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE WEBSITE

8.3 Limitations

We do not warrant that:

  • The Website will meet your requirements or expectations
  • Access to the Website will be uninterrupted or secure
  • Any errors or defects will be corrected
  • The Website is free of viruses or other harmful components

8.4 Jurisdictional Variations

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you, and you may have additional rights.

8.5 Your Responsibility

You are solely responsible for any damage to your computer system or mobile device or loss of data that results from your use of the Website.

9. Limitation of Liability

9.1 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIAN SHUMATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business
  • Loss of data or information
  • Loss of goodwill or reputation
  • Cost of substitute services
  • Personal injury or property damage (except as required by law)

This applies regardless of the cause of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

9.2 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) $100 USD, OR (B) THE AMOUNT YOU PAID US, IF ANY, TO USE THE WEBSITE IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Exceptions

Nothing in these Terms shall exclude or limit our liability for:

  • Death or personal injury caused by our gross negligence or willful misconduct
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited under applicable law

9.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

9.5 Basis of the Bargain

You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers and limitations of liability set forth herein, that they reflect a reasonable allocation of risk, and that they form an essential basis of the bargain between you and us.

10 Indemnification

You agree to indemnify, defend, and hold harmless Brian Shumate, and our officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

  1. Your use or misuse of the Website
  2. Your violation of these Terms
  3. Your violation of any law or the rights of any third party
  4. Your User Content or any content you post or submit
  5. Any activity related to your account by you or anyone using your account (with or without your permission)

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of these Terms and your use of the Website.

11. Governing Law

These Terms and any dispute arising from or relating to the Website shall be governed by and construed in accordance with the laws of Florida, United States, without regard to its conflict of laws principles. If you are a consumer located in the European Union or other jurisdiction with mandatory consumer protection laws, those laws may apply in addition to or instead of the laws specified above, and you may have additional rights that cannot be waived by these Terms.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and us concerning your use of the Website and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

12.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

12.6 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and us.

12.7 Notices

Any notices or other communications required or permitted under these Terms shall be in writing and given by us via email to the address you provide or by posting to the Website. Notices to us should be sent to:

Brian Shumate brian@brianshumate.com

12.8 Export Control

You may not use or export the Website or any content from the Website in violation of U.S. export laws and regulations or the laws of any other jurisdiction.

12.9 Relationship

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.

12.10 Feedback

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Feedback”) you provide to us regarding the Website shall become our sole and exclusive property. We may use and disclose Feedback in any manner and for any purpose without further notice or compensation to you and without retention by you of any proprietary or other right or claim.

If you have any questions about these Terms, please contact us at:

Brian Shumate brian@brianshumate.com