Terms of Service

Last Updated: October 28, 2025

1. Agreement to Terms

By accessing or using this website operated by Brian McGauley ("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 this website.

We reserve the right to modify these terms at any time. Your continued use of the website after changes are posted constitutes acceptance of the modified terms.

2. Use of the Website

2.1 Permitted Use

You may use this website for lawful purposes only. You agree not to use the website:

  • In any way that violates any applicable law or regulation
  • To transmit any harmful, offensive, or illegal content
  • To impersonate any person or entity
  • To interfere with or disrupt the website or servers
  • To collect user information without consent
  • To transmit spam, viruses, or malicious code
  • To engage in any fraudulent activity

2.2 Account Responsibility

If you create an account, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

3. Intellectual Property Rights

All content on this website, including but not limited to music, artwork, graphics, text, logos, and software, is the property of Brian McGauley or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any content without express written permission, except for personal, non-commercial use.

4. Purchases and Payments

4.1 Product Information

We strive to provide accurate product descriptions and pricing. However, we do not warrant that product descriptions, pricing, or other content is accurate, complete, reliable, current, or error-free.

4.2 Pricing and Availability

All prices are subject to change without notice. We reserve the right to:

  • Modify or discontinue products at any time
  • Limit quantities available for purchase
  • Refuse or cancel orders at our discretion
  • Correct pricing errors

4.3 Payment

Payment processing is handled by third-party payment processors (e.g., Stripe). By making a purchase, you agree to provide accurate payment information and authorize us to charge your payment method.

4.4 Refunds and Returns

Refund and return policies vary by product type. Digital products and music are generally non-refundable. Physical merchandise may be eligible for returns according to our return policy. Please contact us for specific return inquiries.

5. Membership and Subscriptions

If you purchase a membership or subscription:

  • You authorize recurring charges to your payment method
  • Memberships renew automatically unless cancelled
  • You can cancel at any time through your account settings
  • Cancellations take effect at the end of the current billing period
  • No refunds for partial membership periods

6. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY
  • WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT
  • WARRANTIES REGARDING ACCURACY, RELIABILITY, OR AVAILABILITY
  • WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE

We make no warranty that the website will meet your requirements or that any defects will be corrected. Your use of the website is at your sole risk.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIAN MCGAULEY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS OR REVENUE
  • LOSS OF DATA OR INFORMATION
  • LOSS OF BUSINESS OPPORTUNITIES
  • PERSONAL INJURY OR PROPERTY DAMAGE
  • COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS LESS.

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

8. Indemnification

You agree to indemnify, defend, and hold harmless Brian McGauley from and against any and all claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the website
  • Your violation of these Terms of Service
  • Your violation of any third-party rights
  • Any content you submit or transmit through the website
  • Your violation of any applicable laws or regulations

9. Third-Party Links and Services

This website may contain links to third-party websites or services (such as Spotify, Apple Music, YouTube, Stripe, and Printful) that are not owned or controlled by us.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party content or services.

10. Termination

We reserve the right to terminate or suspend your access to the website immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms of Service
  • Fraudulent or illegal activity
  • Violation of intellectual property rights
  • Threatening or abusive behavior

Upon termination, your right to use the website will cease immediately. All provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

11. Governing Law and Disputes

11.1 Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the state in which Brian McGauley resides, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any disputes arising out of or relating to these terms or your use of the website shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Digital Millennium Copyright Act (DMCA)

If you believe that content on this website infringes your copyright, please contact us with:

  • A description of the copyrighted work
  • The location of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Your physical or electronic signature

13. General Provisions

13.1 Entire Agreement

These Terms of Service constitute the entire agreement between you and us regarding your use of the website and supersede all prior agreements.

13.2 Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these terms without our prior written consent. We may assign these terms without restriction.

14. Contact Information

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

Brian McGauley

Email: brian@mcgauley.com

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Back to Home