Last updated: March 21, 2026
By accessing or using the website brendanperformance.com (the "Site"), operated by Brendan Performance ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Site.
Brendan Performance provides the following services:
The scope, pricing, and deliverables for paid services are defined in separate agreements between Brendan Performance and the client.
You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use and enjoyment of the Site. Prohibited conduct includes, but is not limited to:
All content on this website, including but not limited to text, graphics, logos, images, videos, blog posts, tutorials, and code examples, is the property of Brendan Performance and is protected by copyright and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from this website without prior written consent from Brendan Performance, except as follows:
For DFY implementation services, ownership of deliverables is transferred to the client upon full payment, unless otherwise specified in a separate agreement. Brendan Performance retains the right to showcase completed work in portfolios and case studies, unless the client requests otherwise in writing.
When you submit information through our contact forms, booking systems, or other means, you grant Brendan Performance the right to use that information to provide our services and respond to your inquiry. We will not share your submitted information with third parties except as described in our Privacy Policy.
Our website may contain links to third-party websites and services that are not owned or controlled by Brendan Performance. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You access third-party sites at your own risk.
The Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Brendan Performance does not warrant that:
Educational content and recommendations are based on our experience and are provided for informational purposes. Results may vary depending on your business, industry, and implementation.
To the maximum extent permitted by law, Brendan Performance shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or our services. This includes, but is not limited to, damages for loss of profits, data, goodwill, or other intangible losses.
Our total liability for any claim arising from or related to these Terms or our services shall not exceed the amount you paid to Brendan Performance in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless Brendan Performance and its owner, affiliates, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
For paid services, payment terms are specified in the individual service agreement or proposal provided to the client. Unless otherwise agreed upon in writing:
Cancellation and refund policies for paid services are outlined in the individual service agreement. For consulting sessions booked through Calendly, cancellations must be made at least 24 hours in advance.
These Terms of Service shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the courts of Massachusetts.
We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated revision date. Your continued use of the Site after changes are posted constitutes your acceptance of the updated terms.
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 provisions remain in full force and effect.
If you have any questions about these Terms of Service, please contact us:
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