This website is operated by PFS E-Learning, Inc (“Company,” “we,” “us,” or “our”), through our website philipfsmith.com (“Website”), offers [Product/Service name(s)] (collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the “Terms”), which may be updated by us from time to time.
By accessing our Website and/or using our Products and Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, when using our Website, you agree to abide by any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations and rules. If you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with the Website or our Products and Services, you should immediately discontinue use of the Website. These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
Access to the Website and Restrictions on Your Use
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company’s copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
You agree that you will not do any of the following:
a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
b. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
g. “Frame” or “mirror” the Website or any part.
h. Use the Website or any Materials for any unlawful purpose.
i. Spam or flood.
j. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.
Purchasing Items Featured on our Website
Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at firstname.lastname@example.org
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Cancellation and Refund Policy
All sales are subject to each Product’s or Service’s specific cancellation and refund policy, as stated herein:
Philip Smith 1-on-1 Consulting – Philip Smith 1-on-1 Consulting Refund Policy
Lead Generation Consulting – Lead Generation Consulting Refund Policy
Facebook Marketing Consulting – Facebook Marketing Consulting Refund Policy
Philipfsmith’s website and its affiliates may communicate via text messaging (SMS) services. Customers may opt out of receiving these messages at any time. You will be enrolled in a “mailing list” when you subscribe to these services.
Message frequency varies.
Philipfsmith and its affiliates are committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy of the customer and their data.
Philipfsmith and its affiliates do not have a charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone.
By providing your consent to receive SMS, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Philipfsmith and its affiliates reserve the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive.
To stop receiving text messages, reply STOP to any SMS message received from Philipfsmith and/or its affiliates. By enrolling in the SMS program, you consent that following such a request to unsubscribe, you will receive one (1) final message from Philipfsmith and/or its affiliates confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-subscribe.
Philipfsmith and its affiliates may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By your subscription to our SMS platform, you give your consent to Philipfsmith and its affiliates to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed Philipfsmith and its affiliates to transmit these text messages.
United States Participating Carriers May Include But Are Not Limited To
ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cincinnati Bell, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Metro PCS, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile, Thumb Cellular, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin, WCC. Additional carriers may be added.
Canada Participating Carriers Include May Include But Are Not Limited To
Aliant Mobility, Bell Mobility, Fido, MTS, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile. Additional carriers may be added.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALs ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.
YOUR USE OF THE WEBSITE IS SUBJECT TO ANY ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US.
Disclaimer of Warranties With Respect to Use of Website and Products and Services
THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability and Damages
YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
Compliance With Laws
You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Links to Third Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
Ownership of Content
Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2017-2018, PFS E-Learning, Inc. ALL RIGHTS RESERVED.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
The Terms and the relationship between you and Company shall be governed by the laws of the State of New York without regard to any conflicts of laws principles.
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive notifications of claimed infringement is: 8581 Santa Monica Blvd # 703 West Hollywood CA 90069 Mas Group, Ltd, Attn: DMCA Notice. Only DMCA notices should go to the agent; any other communications should be directed to our customer service department via our email@example.com.
In order to contact Company regarding a complaint about the Website or Materials, please Contact Us.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.
These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
Terms and Conditions of Use Last Updated: August 2023
This website is operated by PFS E-Learning, Inc (“Company,” “we,” “us,” or “our”), through our website philipfsmith.com (“Website”), offering [Product/Service name(s)] (collectively, “Products and Services”), and occasionally other products or services for sale. Your access and use of our Website and Products and Services are subject to compliance with these Terms and Conditions of Use (the “Terms”), which have been updated to align with current privacy laws as of 2023. Please read these Terms carefully before using our Website or purchasing any Products and Services.
By accessing our Website and/or using our Products and Services, you are agreeing to abide by these Terms. Additionally, when using our Website, you agree to adhere to any posted guidelines for all of our Products and Services, which may change from time to time, and to comply with all applicable laws, regulations, and rules. If you do not agree with any of these Terms, guidelines, or subsequent modifications, or if you are dissatisfied with the Website or our Products and Services, please discontinue use immediately. These Terms remain in effect while you are a user of the Website and/or a registered user. Even after termination of membership, service, or feature, you will still be bound by your obligations under these Terms, including indemnifications, warranties, and limitations of liability. It is advised to review these Terms periodically, as we reserve the right to change them by publishing updated terms on the Website. Your continued use of the Website and/or Products and Services after such changes implies your acceptance of the modified Terms.
By using our Products and Services, you acknowledge and allow the Company to access and use any information provided by you to deliver the Products and Services and, if needed, obtain contact information for the purpose of delivering notifications related to the Products and Services we provided.
If you do not agree with these Terms, please do not use this Website. By using the Website and accepting these Terms, you confirm that you are at least 18 years old and legally competent to enter into a contract.
Access to the Website and Usage Limitations
Company grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and utilize our Products and Services solely for personal use. You are not allowed to download or modify any portion of the Website unless explicitly permitted by Company. Copying, reproducing, republishing, uploading, posting, transmitting, or distributing any Materials (defined below) from the Website without our express written consent is prohibited. Violation of these Terms automatically terminates your license to access the Website and may also constitute infringement of Company’s copyright, trademark, and other rights. You agree not to access or attempt to access any of Company’s computer systems, programs, or data not made publicly available. Except as explicitly stated herein, no rights or licenses, whether by implication, estoppel, or otherwise, are granted to any patent, trademark, copyright, or proprietary rights of Company or any third party related to your use of the Website and any Materials provided on the Website.
Elements of the Website, including graphics, images, logos, page headers, sounds, button icons, and the overall design (“look and feel”), are protected by copyright, trade dress, and other laws, and must not be copied or imitated in whole or in part.
You agree not to engage in the following activities: a. Use of data mining, robots, spiders, or similar methods for data gathering or extraction on the Website. b. Bypass, disable, or interfere with Website security features that prevent or restrict use or copying. c. Reproduce, distribute, post, transmit, or copy any Materials without our written permission. d. Transmit any harmful items such as viruses, worms, or Trojan horses. e. Reverse engineer, decompile, or attempt to derive source code from the Website. f. Imposing an unreasonable or disproportionately large load on our infrastructure. g. “Frame” or “mirror” the Website. h. Use the Website for unlawful purposes. i. Engage in spamming or flooding. j. Resell or commercially exploit the Website or Materials.
Purchasing Items from the Website
We take reasonable measures to ensure that prices and descriptions of items on the Website are accurate. However, please note that product and service descriptions may not always be entirely accurate. If you encounter a discrepancy between the described and received Product or Service, please contact our customer service department at firstname.lastname@example.org.
Pricing Errors and Omissions
Prices, availability, and other purchase terms can change without notice. While we strive to provide accurate information, errors may occur. The Company reserves the right to correct any errors, inaccuracies, or omissions even after an order has been submitted, confirmed, or charged to your credit card.
Cancellation and Refund Policy
Each Product or Service may have a specific cancellation and refund policy, which is stated as follows:
- Philip Smith 1-on-1 Consulting: Refund Policy
- Lead Generation Consulting: Refund Policy
- Facebook Marketing Consulting: Refund Policy
SMS (Texting) Communication
Philipfsmith’s website and its affiliates may communicate through text messaging (SMS) services. You can opt out of receiving these messages at any time. Subscribing to these services enrolls you in a “mailing list.”
Message frequency varies. We prioritize user trust and privacy by adhering to business practices that safeguard customer data.
There is no charge for this service from Philipfsmith and its affiliates; however, your mobile carrier may apply message and data rates. Depending on your mobile carrier’s terms and conditions, text messages sent to your mobile phone may result in charges.
You consent to such charges by providing your agreement to receive SMS messages. Charges may appear on your mobile phone bill or be deducted from your prepaid balance. Philipfsmith and its affiliates may terminate this SMS service, in full or partially, at any time without notice. Message information may experience delays. You have the responsibility to manage the types of SMS texts you receive.
To stop receiving text messages, reply STOP to any SMS message from Philipfsmith and its affiliates. Upon unsubscribing, you will receive a final inactivation confirmation message. No further texts will be sent unless you re-subscribe.
Philipfsmith and its affiliates may use an automatic dialing system to deliver text messages. Your subscription to our SMS platform gives consent for such delivery.
Participating Carriers (United States and Canada)
The SMS program includes but is not limited to the following carriers: United States:
- Verizon Wireless
- Sprint (now part of T-Mobile)
- US Cellular
- Cricket Wireless (owned by AT&T)
- Metro by T-Mobile
- Boost Mobile (now part of DISH Network)
- TracFone Wireless (including brands like Straight Talk, Net10, and Total Wireless)
- Visible (owned by Verizon)
- Mint Mobile
- Google Fi
- Consumer Cellular
- Republic Wireless
Additional carriers may be added.
Modification or Suspension of the Website
Company retains the right to modify, suspend, or discontinue the operation of the Website, in whole or part, temporarily or permanently, at our sole discretion and without prior notice. We shall not be held liable for any consequences arising from such actions.
While we strive to provide accurate information on the Website and about featured Products and Services, the Company, its owners, principals, representatives, and agents are not responsible for any direct or indirect consequences resulting from actions you take based on information, Products, Services, or Materials on the Website. We aim to maintain accurate and up-to-date information, but errors or inaccuracies may occur. The Company does not warrant the accuracy, completeness, or reliability of any content on the Website. Any reliance you place on such information is strictly at your own risk.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from your use of the Website, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Company reserves the right to terminate your access to and use of the Website and any of our Products and Services at any time, with or without cause. You agree that any termination of your access to the Website may be effected without prior notice and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. Upon termination, your right to use the Website and our Products and Services will immediately cease. The Company shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS OR PRODUCTS, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY AND ITS AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.
Governing Law and Venue
The Website and these Terms are governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles. Any legal actions against the Company related to or arising out of your relationship with the Company or your use of the Website and its Materials shall be commenced in either the state or federal courts located in the State of New York.
These Terms constitute the entire agreement between you and the Company regarding the use of the Website and the purchase of our Products and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
If you have any questions or concerns about these Terms, please contact us at email@example.com
Last Updated: August 2023