It is solely the Customer’s responsibility to complete a backup of all existing data, files, software, and programs on affected Supported Products before receiving Services (including telephone support). As per the Limitation of Liability section below, PHFP IS NOT RESPONSIBLE FOR LOSS OF OR RECOVERY OF DATA, FILES, PROGRAMS, OR LOSS OF USE OF SYSTEM(S) HARDWARE, OR NETWORK(S). CUSTOMER UNDERSTANDS AND AGREES THAT UNDER NO CIRCUMSTANCES WILL PHFP BE RESPONSIBLE FOR ANY LOSS OF SOFTWARE, FILES, PROGRAMS, OR DATA – EVEN IF TECHNICIANS HAVE ATTEMPTED TO ASSIST CUSTOMER WITH THEIR BACKUP, RECOVERY, OR SIMILAR SERVICES. ANY SUCH ASSISTANCE IS BEYOND THE SCOPE OF ANY PHFP WARRANTY AND THIS SERVICE DESCRIPTION; THIS ASSISTANCE IS PROVIDED IN PHFP’S SOLE DISCRETION AND WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND. NEITHER DOES PHFP PROVIDE ANY GUARANTEE OR WARRANTY OF ANY KIND WITH RESPECT TO ANY THIRD PARTY PRODUCT THAT A TECHNICIAN MAY USE IN ASSISTING CUSTOMER.

Termination : The term of this Service Agreement will commence upon the date of purchase of your PHFP software (regardless of whether or when you activate or begin using your account) and will continue until the earliest of
(a) the Customer cancels the Service or the Customer’s subscription expires as stated in the Service agreement,
(b) the date upon which PHFP provides notice to you of termination of this Agreement for PHFP’s convenience, and
(c) non-payment of subscription fees due; or
(d) your violation or breach of any terms or conditions of this Agreement (the “Term”). Upon the expiration or termination of this Agreement the rights granted to you under this Agreement with respect to the Service will immediately terminate. Use of the Service constitutes acceptance of the Agreement.

Registration and Transactions: PHFP currently uses the PayPal gateway Secure Sockets Layer (SSL) protocol to safeguard your payment information, including your credit card number, during online transactions. (Terms and Conditions)

Returns and Refunds: If the Customer has yet not activated their PHFP account, PHFP Premium Services subscriptions may be returned within 30 days of purchase for a full refund. Upon activation of the Customer’s account, no subscription may be returned and all charges associated with the subscription become non-refundable (except as otherwise required by law).

Data Collection- PHFP’s Privacy Policy: In connection with the Services, PHFP and/or its authorized affiliates may measure, record and upload and download performance data. PHFP and/or its authorized affiliates will treat such information in accordance with PHFP’s Privacy Policy (available at Privacy Policy ). In carrying out its obligations, PHFP, /or its authorized affiliates , may at their discretion and solely for the purposes of monitoring the quality of PHFP’s response, record part or all of the calls/chat sessions between you and PHFP. By utilizing these Services, you expressly consent to have your calls/chat sessions with PHFP or its authorized affiliates monitored and/or recorded, and to receive Service-related communications or solicitations, including telephone calls or emails.

Commercially Reasonable Limits to Scope of Service: In the course of providing the Services, PHFP may determine that a Service issue is beyond the scope of the Service. PHFP may use commercially reasonable efforts to refer Customer to the appropriate alternative resource; however, PHFP will not transfer Customer directly to an alternate resource. Customer acknowledges that despite PHFP’s efforts, PHFP may not be able to resolve Customer’s issue.

Content: You are solely responsible for all content and account information that you transmit, store, view, restore or share through the Service (including the Backup Service, if included with your contract). You agree that your use of the Service will fully comply with all applicable laws, rules and regulations and that it will also comply with all regulations, terms of use, policies and procedures of networks through which you access and use the Service. Without limiting the generality of these requirements, you agree that you will not use the Service to:

Transmit, store, view, restore or share content that: (i) contains illegal material; (ii) is harassing, libellous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by PHFP in its sole discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate a law; or (iv) contains any viruses, worms, Trojan horses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.

• Plan or carry out any illegal activity.
• Violate the intellectual property rights or other rights of any third party, including, without limitation, any person’s or entity’s copyrights in music, motion pictures, television programs, videos, media, images, books or other works.
• Breach any duty of confidentiality that you owe to anyone or entity.
• Access or attempt to access any account for which you have no access authorization.
• Charge anyone for access to your account or otherwise use, sell or share the Service for any commercial purpose. or
• You acknowledge that U.S. and other countries’ export laws may apply to the transfer of technology and software through the Service. You represent and warrant that any software you transmit and store using the Service contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. You also warrant that any technology you transmit and store is approved for export without a license. Notwithstanding the foregoing, you are solely responsible for obtaining any specific licenses relating to the export of technology and/or software if a license is required. Customer accept PHFP responsibility for, and agrees to indemnify, release, discharge, and hold PHFP harmless from, any and all liability, damages, claims or proceedings including reasonable attorneys’ fees and costs arising out of Customer’s failure to adhere to this paragraph.