Effective Date: September 30, 2026
These Terms and Conditions (the "Terms") govern your use of https://paulbfogarty.com/ (the "Website") and any services, communications, and materials provided by Paul B. Fogarty ("I," "me," or "my") through the Website, including my text messaging program (together, the "Services").
1. Acceptance of These Terms
By accessing or using the Services, or by clicking "accept" or "agree" when prompted, you agree to these Terms. If you do not agree, do not use the Services.
2. Eligibility
You must be at least 18 years old and located in the United States to use the Services. By using them, you confirm that you meet these requirements and have the authority to accept these Terms for yourself or the organization you represent.
3. Changes to These Terms
I may update these Terms from time to time. The updated version will be posted on this page with a new effective date. Your continued use of the Services after an update means you accept the updated Terms.
4. Text Messaging (SMS) Program
Program description. When you provide your mobile number and agree to receive text messages from Paul B. Fogarty, you may receive messages such as:
Appointment confirmations, reminders, and scheduling links
Responses to your questions, form submissions, and website chat messages
Account and service information
Information about products or services you have asked about
Marketing and promotional messages, if you have agreed to receive them
Opt-in and opt-out confirmations
Consent. Consent to receive text messages is not a condition of any purchase.
Message frequency. Message frequency varies based on your interactions with me.
Cost. Message and data rates may apply. Contact your wireless provider with questions about your text or data plan.
Opting out. You can opt out at any time by replying STOP to any message you receive
from me. I will send one message confirming that you have been unsubscribed, and you will not receive further text messages unless you opt in again.
Help. Reply HELP to any message, or contact me at paul@paulbfogarty.com or 1 585-
523-2742.
Carrier disclaimer. Wireless carriers are not liable for delayed or undelivered
messages.
Privacy. I do not share mobile opt-in information or text messaging consent with third parties or affiliates for marketing or promotional purposes. See my Privacy Policy at https://paulbfogarty.com/privacy-policy.
5. Use of the Services
You may use the Services only for lawful purposes and in line with these Terms. You
agree not to:
Violate any applicable law, regulation, or contractual obligation
Send unsolicited advertising, spam, or chain messages through the Services
Impersonate any person or misrepresent your affiliation with any person or organization
Harm or attempt to exploit minors in any way
Interfere with, disrupt, or place an unreasonable burden on the Website or its servers
Use robots, scrapers, or other automated tools to copy or collect content or data from
the Website, except that public search engines may index it
Upload viruses or other harmful code
Attempt to gain unauthorized access to the Services or any connected system
Collect information about other users without their consent
Help or encourage anyone else to do any of the above
6. Accounts
If the Services require you to create an account, you agree to provide accurate
information and keep it current. You are responsible for keeping your login information confidential and for all activity under your account. Notify me promptly of any unauthorized use. I may suspend or close an account that violates these Terms.
7. Intellectual Property
The Website and its content, including text, graphics, logos, and design, are owned by
me or my licensors and are protected by intellectual property laws. I grant you a limited, non-exclusive, non-transferable, revocable license to view and use the Website for your personal or internal business purposes. You may not copy, modify, distribute, sell, or create derivative works from the content without my written permission.
Trademarks shown on the Website belong to me or their respective owners and may not be used without permission.
8. Content You Submit and Feedback
You are responsible for any content you submit through the Services, such as
messages, form responses, reviews, or testimonials. Do not submit anything unlawful,
defamatory, harassing, obscene, misleading, or that infringes someone else's rights. By
submitting content, you give me permission to use it to provide and improve the
Services. I will not publish a testimonial or review with your name without your
permission, and you may ask me to remove one at any time.
If you send me suggestions or feedback, I may use them without obligation to you.
I may remove any content that violates these Terms and may disclose information when required by law.
9. Copyright Complaints
If you believe content on the Website infringes your copyright, send a notice under the
Digital Millennium Copyright Act to paul@paulbfogarty.com that includes:
Your physical or electronic signature
A description of the copyrighted work
A description of the material you believe is infringing and where it appears on the
Website
Your name, address, telephone number, and email address
A statement that you have a good-faith belief the use is not authorized by the copyright
owner, its agent, or the law
A statement, made under penalty of perjury, that the information in your notice is
accurate and that you are the copyright owner or authorized to act for the owner
10. Disclaimer of Warranties
INFORMATION ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION
ONLY. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL
COMPONENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER I NOR MY AGENTS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF
PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE
OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THESE
LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify and hold harmless me and my agents from any claims, losses,
damages, and expenses, including reasonable attorneys' fees, arising from your breach
of these Terms or your misuse of the Services.
13. Disputes
Governing law. These Terms are governed by the laws of the State of NY, without
regard to its conflict-of-law rules.
Venue. Any lawsuit arising out of or relating to these Terms or the Services must be
brought in the state or federal courts located in the State of NY, and you consent to the
jurisdiction of those courts.
Arbitration. At my election, any dispute arising out of or relating to these Terms or the Services may instead be resolved by binding arbitration before a single arbitrator under the rules of the American Arbitration Association, held in Glens Falls, NY.
Individual claims only. To the extent permitted by law, claims may be brought only in
an individual capacity and not as a plaintiff or class member in any class, collective, or
representative proceeding.
Time limit. Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after it arises, or it is permanently barred, to the extent
permitted by law.
14. Termination
I may suspend or end your access to the Services at any time for any reason, including
a violation of these Terms. Sections that by their nature should survive, including
Sections 7 through 13, remain in effect after termination.
15. General
If any provision of these Terms is found unenforceable, the rest remain in effect. My
failure to enforce a provision is not a waiver of it. These Terms and my Privacy Policy
are the entire agreement between you and me about the Services. You may not assign
these Terms without my written consent; I may assign them. Nothing in these Terms
creates a partnership, joint venture, or agency relationship.
16. Contact Me
Paul B. Fogarty
12 Harrison Ave Glens Falls, NY 12801
Email:paul@paulbfogarty.com
Phone: 1 585-523-2742