Terms of Use

These terms govern your use of damienfoord.com (the "Site"), operated by Damien Foord ("I," "me," "my"). By using the Site or submitting a form, you agree to them. If you do not, do not use the Site.

These terms contain a binding arbitration provision and a class-action waiver in Section 12. Read it.

1. What the Site is

The Site publishes essays, describes programs I run (currently the Mastermind and the Fellowship), describes ventures I am involved in, and lets you apply, inquire, or join a waitlist. It is informational. Nothing on it is an offer that becomes binding when you accept it.

2. Applications and inquiries

Submitting a form is a request, not a contract.

• I am not obligated to respond to any inquiry or application, or to respond within any timeframe, even where the Site gives an expected reply time.
• I am not obligated to accept any applicant. Decisions are at my sole discretion and I am not obligated to give reasons.
• Acceptance into any program, or any working engagement, happens only through a separate written agreement that sets out the terms of that program or engagement. Nothing on the Site forms part of that agreement unless the agreement says so.
• Program descriptions on the Site, including who they are for, how they work, and what is provided, are general and may change without notice.
• You represent that what you submit is true, that it is yours to submit, and that you have the right to share any information about third parties you include.
• You must be 18 or older to submit a form.

3. Fellowship and Mastermind specifics

The Fellowship and the Mastermind involve introductions between participants. I do not guarantee that any introduction will be made, that any work, payment, or engagement will result, or the conduct of any participant. Fellows who work with Mastermind members do so under terms agreed between those parties; I am not a party to those arrangements unless a written agreement says otherwise. Any fees, payments, or compensation associated with either program are governed exclusively by the written program agreement.

4. No professional advice

The essays, newsletter, podcast, and everything else on the Site are my opinions and observations. They are not legal, financial, medical, psychological, or other professional advice, and they are not a substitute for it. Any description of how I read people, situations, or organizations is a description of my practice, not a claim of clinical, diagnostic, or scientific validity. You act on anything here at your own risk.

5. Intellectual property

All content on the Site (text, essays, graphics, the site design, the names "The Architecture," "Evidence of Intent," "The Architecture of Ascent," and my name and likeness) is owned by me or used with permission and protected by copyright and trademark law.

You may read, link to, and quote brief excerpts with attribution. You may not reproduce, republish, distribute, sell, create derivative works from, or use any content for training, fine-tuning, or evaluating machine learning models, without my written permission. To the extent any law permits text and data mining absent an opt-out, I expressly reserve my rights and opt out. Nothing here grants you any license to my names, marks, or likeness.

Third-party marks on the Site (venture names, platform names) belong to their owners.

6. Your content

If you send me anything through the Site or by email that is not personal data covered by the Privacy Policy (ideas, feedback, suggestions), you grant me a non-exclusive, perpetual, royalty-free license to use it without obligation to you. Do not send me confidential information unless we have a written agreement covering it.

7. Acceptable use

You will not:

• submit false, misleading, or fraudulent information;
• submit information about another person without their consent;
• use the forms to send spam, solicitations, or anything unrelated to their purpose;
• attempt to access any part of the Site or its underlying systems you are not authorized to access;
• scrape, crawl, or bulk-download content;
• interfere with the Site's operation or security;
• use the Site in any way that breaks the law.

I may block access, delete submissions, and take other action I consider appropriate for any violation.

8. Third-party services and links

The Site relies on third-party services (hosting, email, newsletter, analytics) and links to third-party sites. I do not control them and I am not responsible for their content, availability, or practices. Your use of Substack, LinkedIn, or any linked site is governed by their terms.

9. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. I DO NOT WARRANT THAT ANY SUBMISSION WILL BE RECEIVED, STORED, OR ACTED ON.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, ANY CONTENT, OR ANY SUBMISSION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. MY TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain exclusions or limits; in those places, the above applies to the maximum extent permitted.

11. Indemnity

You agree to defend, indemnify, and hold me harmless from any claims, losses, and expenses (including reasonable attorneys' fees) arising from your breach of these terms, your submissions, or your violation of any law or third-party right.

12. Governing law, arbitration, and class-action waiver

Governing law. These terms are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-law rules.

Informal resolution first. Before starting arbitration or any other proceeding, you agree to email hello@damienfoord.com describing the dispute and what you want, and to give me 30 days to resolve it. I agree to do the same if I have a claim against you.

Binding arbitration. If we cannot resolve it informally, any dispute, claim, or controversy arising out of or relating to the Site, its content, any submission, or these terms will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules then in effect. The arbitration will take place in San Mateo County, California, or by video if the arbitrator permits. The arbitrator's award is final and may be entered in any court with jurisdiction. Each side bears its own attorneys' fees unless the arbitrator finds a claim frivolous or the applicable rules or law provide otherwise. I will pay arbitration filing and arbitrator fees to the extent the JAMS consumer rules require.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may seek injunctive relief in court to protect intellectual property rights.

Class-action waiver. YOU AND I AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, not arbitration, and the remainder of this section still applies.

Opt-out. You may opt out of arbitration by emailing hello@damienfoord.com with "Arbitration opt-out" in the subject within 30 days of first using the Site. If you opt out, the exclusive venue for any dispute is the state or federal courts in San Mateo County, California, and you consent to their jurisdiction.

Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.

13. Changes and termination

I may change these terms at any time by posting the revised version with a new effective date. Continued use after that is acceptance. I may suspend or shut down the Site, or any part of it, at any time without notice.

14. General

If any provision is unenforceable, the rest stands. My failure to enforce a provision is not a waiver. These terms and the Privacy Policy are the entire agreement between us regarding the Site and supersede anything earlier. You may not assign your rights under these terms; I may assign mine.

15. Contact

hello@damienfoord.com
950 Tower Lane, 14th Floor, Foster City, CA 94404