Terms of Service
Effective Date: May 20, 2026 | Last Updated: May 20, 2026This website (the "Site") is owned and operated by Joseph Fain McDaniel LLC ("Company," "we," "us," or "our"). By accessing or using josephfainmcdaniel.com and our services, you agree to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply.
We reserve the right to update these Terms at any time. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
SMS Messaging Terms & Compliance
1. Program Description
The Joseph Fain McDaniel® SMS Notification Program sends transactional text messages to individuals who have submitted their phone number through our website chat widget, consultation booking form, or contact form at josephfainmcdaniel.com and have explicitly opted in to receive SMS notifications.
Messages include: direct responses to inquiries you initiate through our chat widget or contact form, consultation appointment confirmations, appointment reminders, and rescheduling updates. All messages are transactional in nature and are triggered by your own actions. We do not send unsolicited promotional or marketing messages.
2. Opt-Out Instructions
You can cancel SMS messages at any time. Text "STOP" to the number that sent you the message.
Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, simply opt in again as you did initially and we will resume sending messages to you.
3. Help & Support
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or contact us directly at:
- Email: [email protected]
- Phone: 1-605-600-2527
- Business hours: Monday–Friday, 9:00 AM – 5:00 PM HST
4. Carrier Liability
Carriers are not liable for delayed or undelivered messages.
5. Message & Data Rates
Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your interactions with our business — we only send messages in response to actions you take (submitting an inquiry or booking a consultation). For questions about your text plan or data plan, contact your wireless provider.
6. Supported Carriers
Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.
7. Age Restriction
You must be 18 years of age or older to participate in our SMS program.
8. Consent Not Required to Purchase
Consent to receive SMS text messages is never required as a condition of purchasing any product or service from Joseph Fain McDaniel LLC. You may use our services and make purchases without opting in to SMS communications.
9. SMS Data — Non-Sharing Commitment
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the text message delivery services used solely to transmit your messages.
10. Message Frequency
Messages are sent on a non-recurring, non-scheduled basis. We only send messages in direct response to actions you initiate — submitting a chat inquiry, completing a contact form, or booking a consultation. Message frequency varies and is determined entirely by your own activity. We do not send broadcast, bulk, or scheduled message campaigns to opted-in users under this program.
11. Privacy Policy
For privacy-related inquiries and to understand how we handle your personal information, please refer to our Privacy Policy at: josephfainmcdaniel.com/privacy-policy
We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA Messaging Principles and Best Practices, regarding the use of SMS communications.
General Terms of Use
By accessing this Site in any manner — whether automated or otherwise — you agree to be bound by these Terms of Service. These Terms apply to all visitors, users, and individuals who access or use the Site.
Intellectual Property Rights
Our Content and Trademark
This Site and all materials available on it — including but not limited to text, images, audio, video, graphics, software, and design — are the property of Joseph Fain McDaniel LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws.
JOSEPH FAIN MCDANIEL® is a federally registered trademark. Unauthorized use of this trademark, name, likeness, or brand identity is strictly prohibited and may result in legal action.
The Site is provided solely for your personal, non-commercial use. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute any material from this Site without our prior written authorization. You may download or print one copy of individual pages for personal, non-commercial use, provided all copyright and proprietary notices remain intact.
Your License to Us
By posting or submitting any material to us via the Site, forms, or other digital channels, you represent that you own the material or have obtained all necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, distribute, and display such material in connection with our services.
Description of Services
Joseph Fain McDaniel LLC provides consulting, educational content, speaking engagements, books, and program access related to business development, strategy, and related topics. Specific deliverables, access rights, and service terms are defined in any applicable order form, agreement, or enrollment confirmation provided to you separately.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.
Eligibility
- You must be at least 18 years of age to use this Site or purchase our services
- By using this Site, you represent that you have the legal authority to enter into these Terms
- You are responsible for providing accurate information and notifying us of any changes
- You are responsible for safeguarding any account credentials and for all activity under your account
Fees, Payments & Refunds
Fees for services are as listed at checkout or in a written agreement. Applicable taxes may apply. All sales are final unless otherwise stated in a specific program or service agreement. For payment-related questions, contact us at [email protected].
Disclaimers
The information, content, and services offered on or through this Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.
Links to third-party websites on this Site do not imply endorsement or sponsorship of those sites or their content. We are not responsible for the accuracy, reliability, or practices of any third-party sites.
Content published on this Site, including books, educational materials, and consulting information, is provided for informational and educational purposes only and does not constitute legal, financial, tax, or professional advice. You should consult with a qualified professional before making decisions based on any information provided on this Site.
Limitation of Liability
To the maximum extent permitted by applicable law, Joseph Fain McDaniel LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of — or inability to use — this Site or our services, even if we have been advised of the possibility of such damages.
You agree to indemnify and hold harmless Joseph Fain McDaniel LLC, its members, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation under these Terms of Service.
User Conduct
You agree not to use this Site to:
- Violate any applicable law or regulation
- Infringe on the intellectual property rights of Joseph Fain McDaniel LLC or any third party
- Transmit harmful, offensive, or disruptive content
- Attempt to gain unauthorized access to any portion of the Site
- Use automated tools to scrape, crawl, or harvest content from the Site
- Impersonate any person or entity or misrepresent your affiliation
Registration & Account Security
Certain features of our Site or programs may require account creation. You agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. If you suspect unauthorized access, notify us immediately at [email protected].
Termination
We reserve the right to terminate or suspend your access to the Site or any of our services, without prior notice, if we determine that you have violated these Terms of Service or engaged in conduct we deem inappropriate or unlawful. Upon termination, you must immediately cease all use of the Site and any content obtained from it.
Governing Law & Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law provisions. Any dispute arising under or related to these Terms shall be resolved exclusively through binding arbitration in Honolulu, Hawaii, in accordance with applicable arbitration rules. Nothing in this section shall prevent either party from seeking injunctive relief in a court of competent jurisdiction to protect intellectual property rights.
Changes to These Terms
We may update these Terms of Service periodically. The latest version will always be available on our website with the updated effective date. For significant changes, we will notify you by email or through a notice on our website. Continued use of the Site after any changes constitutes your acceptance of the revised Terms.
Contact Us
For questions regarding these Terms of Service, contact us at:
Joseph Fain McDaniel LLC
Phone: 1-605-600-2527
Email: [email protected]
Website: josephfainmcdaniel.com
Address: 958 Kapahulu Ave. STE 100 PMB 936, Honolulu, HI 96816
By using our website and services, you consent to these Terms of Service.