Terms and Conditions

Welcome to PhelpsServices.com. These Terms & Conditions apply to the Phelps Services, LLC website located at and all other sites, mobile sites, services, applications, platforms, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Phelps Services”, “us”, or “we” refers to Phelps Services, LLC and its subsidiaries, affiliates, and parent company.

 

YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

 

CONTENT

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively “Content”) is owned or licensed property of Phelps Services, LLC or its suppliers or licensers and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Phelps Services, LLC and protected by U.S. and international copyright laws. Phelps Services and its suppliers expressly reserve all intellectual property rights in all Content.

 

LICENSE AND ACCESS

Phelps Services grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

 

UNLAWFUL OR PROHIBITED USES

The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Phelps Services that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  1. (a) Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
  2. (b) download, copy, or transmit any Content for the benefit of any other merchant;
  3. (c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Phelps Services or generally publicly available browsers;
  4. (d) frame, mirror, or use framing techniques on any part of the Site without Target’s express prior written consent;
  5. (e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
  6. (f) use any meta tags or any other hidden text utilizing Phelps Services name or marks;
  7. (g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
  8. (h) use a buying agent to conduct transactions on the Site;
  9. (i) conduct fraudulent activities on the Site;
  10. (j) violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Phelps Services Site) or to the Site (impersonating another user);
  11. (k) send unsolicited or unauthorized email on behalf of Phelps Services, including promotions and/or advertising of products or services;
  12. (l) tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
  13. (m) use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  14. (n) harvest or collect personally identifiable information about other users of the Site;
  15. (o) restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
  16. (p) use the Site to advertise or offer to sell or buy any goods or services without Phelps Services’ express prior written consent;
  17. (q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
  18. (r) modify, adapt, translate, reverse engineer,  or disassemble any portion of the Site; or
  19. (s) remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

 

MODIFICATION AND TERMINATION

Phelps Services may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Phelps Services reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.

 

Phelps Services reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

 

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

 

USER REVIEWS, COMMENTS, AND SUBMISSIONS

Phelps Services welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you submit through social media and allow Phelps Services to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions as well as Phelps Services’ General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety.

 

User Content will not include any photographs or images you submit as part of a Transaction (as defined below).

 

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Phelps Services assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

 

For any User Content you submit, you grant to Phelps Services a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Phelps Services the right to include the name provided along with the User Content submitted by you; provided, however, Phelps Services shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

 

Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Phelps Services neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Phelps Services will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Phelps Services.

 

TRANSACTIONS

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Phelps Services the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Phelps Services reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

Phelps Services or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

 

GIFT CARDS AND CERTIFICATES

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Kentucky. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

 

LINKS TO THIRD-PARTIES’ WEBSITES

The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Phelps Services is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Phelps Services strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Phelps Services of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

 

DISCLAIMERS OF WARRANTIES

Phelps Services cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY PHELPS SERVICES ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHELPS SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM PHELPS SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PHELPS SERVICES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, PHELPS SERVICES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

 

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PHELPS SERVICES OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF PHELPS SERVICES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND PHELPS SERVICES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PHELPS SERVICES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

 

INDEMNIFICATION AND DEFENSE

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Phelps Services and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

 

NOTICES AND ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to Phelps Services shall be sent by mail to Phelps Services, 416 Youngtown Rd, Morgantown, KY 42261. In the case of notices Phelps Services sends to you, you consent to receive notices and other communications by Phelps Services posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Phelps Services provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.

 

APPLICABLE LAW; DISPUTES

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF KENTUCKY, UNITED STATES OF AMERICA, WITHOUT REGARD TO KENTUCKY’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE COMMONWEALTH OF KENTUCKY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE COMMONWEALTH OF KENTUCKY, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF KENTUCKY LOCATED IN WARREN COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

 

MISCELLANEOUS

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Phelps Services with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

 

Returns, Refunds and Exchanges Policy

Exchanges

If you do not have your original receipt or it has been more than 30 days, you may exchange your item for a similar or like item at Phelps Services’ discretion. The exchange policy may or may not apply to licensed items.

 

Payment Policy

Accepted Methods of Payment

Credit Card (Visa, Master Card, American Express, Discover)

 

Credit Card Charges

Your credit card will be charged when you place your order. If we are not able to fulfill your order for any reason your credit card will be refunded.

 

Privacy Policy
This policy covers how we use your personal information. We take your privacy SERIOUSLY and will take all measures to protect your personal information.

 

What Information Do We Collect?

We only collect information that we need that is related to your order. This includes your:

  • Name
  • Billing Address
  • Shipping Address
  • Email Address
  • Phone Number
  • Credit Card Information

 

In addition, we also collect information on your IP address, browser type, and Refer URL data. We use this data to prevent hacking attempts, help us know what web browsers people are using, and find out where our visitors are coming from so that we can improve our marketing.

 

How Is My Information Used?

Examples of how we use the information we collect include:

 

Product and Service Fulfillment

  • Fulfill and manage purchases, orders, payments, and returns/exchanges
  • Respond to requests for information about our products and services, or on our website, mobile website, or mobile applications or to otherwise serve you
  • Connect with you regarding customer service via email, phone, or on social media or internet chat platforms
  • Administer sweepstakes and contests

 

Our Marketing Purposes

  • Deliver coupons, mobile coupons, newsletters, in-store receipt messages, e-mails, mobile messages, and social media notifications
  • Provide interactive features of the website or mobile applications, such as product reviews, send marketing communications and other information regarding products, services and promotions
  • Administer promotions, surveys, and focus groups

 

Internal Operations

  • Improve the effectiveness of our website, mobile experience, and marketing efforts
  • Conduct research and analysis, including focus groups and surveys
  • Perform other business activities as needed, or as described elsewhere in this policy

 

Prevention of Fraud and Other Harm

  • Prevent fraudulent transactions, monitor against theft and otherwise protect our customers and our business (e.g. product recalls)

 

Legal Compliance

  • For example, assist law enforcement and respond to legal/regulatory inquiries

 

Information Sharing

Phelps Services Subsidiaries and Affiliates

We share the information we collect internally to provide you the products, services, and marketing relevant to your purchase. We do NOT share with other companies for use in their marketing efforts.

 

Card Issuing Bank

We may share the information we collect with our merchant services partner, which processes your payment for products on our website.

 

Service Providers

We may share the information we collect with companies that provide support services to us (such as printers, e-mail providers, mobile marketing services, analytics providers, web hosting providers, call center/chat providers, sweepstakes vendors, payment processors, coupon delivery vendors, data enhancement services, or fraud prevention providers) or that help us market our products and services. These companies may need information about you in order to perform their functions on our behalf, but not for their own marketing use.

 

Legal Requirements

We may disclose information we collect when we believe disclosure is appropriate to comply with the law; to enforce or apply applicable terms and conditions and other agreements; to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business or assets; or to protect the rights property or safety of our company, our guests or others.

 

Sharing Non-identifiable or Aggregate Information with Third Parties

We may share non-identifiable or aggregate information with third parties for lawful purposes.

 

Business Transfers

In connection with the sale or transfer of some or all of our business assets, we may transfer the corresponding information regarding our customers. We also may retain a copy of that customer information.

 

What Choices Do You Have?

Postal Mail

If you do not wish to receive direct mail from us, email us at GetAQuote@Phelpsservices.com to opt out.

 

Telephone

If you do not wish to receive promotional telephone calls, email us at GetAQuote@Phelpsservices.com to opt out. This opt out does not apply to operational phone calls (e.g., confirmation of delivery address).

 

E-mail

If you do not wish to receive promotional e-mails from us, you can email us at GetAQuote@Phelpsservices.com to opt out. You also have the ability to unsubscribe from promotional e-mails via the opt out link included in each promotional e-mail. All such opt outs will be applied within 10 business days.

 

Security and Storage

Only your order data billing, shipping, and order contents data is stored on our server. This information is encrypted using a Secure Sockets Layer before it is transmitted over a web server. We do not store your Credit Card data.

 

Cookies and Browser Information

Cookies are small files that reside on your computer and allow us to recognize you on your next visit or store your shopping cart contents. We use them only to track this information.

 

Social Media

Phelps Services engages with customers on multiple social media platforms (e.g., Facebook, Twitter, and Pinterest). If you contact us on one of our social media platforms, or customer service via social media we may contact you via direct message. In these instances, your interactions with us are governed by this privacy policy as well as the privacy policy of the social media platform you use.

 

Social Media Widgets

Our sites and mobile applications include social media features, such as the Facebook Like button, Google Plus, Pinterest, and Twitter widgets. These features may collect information about your IP address and which page you’re visiting on our site, and they may set a cookie or employ other tracking technologies. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

 

Information from Other Sources

We collect data that’s publicly available. For example, information you submit in a public forum (e.g., a blog, chat room, or social network) can be read, collected or used by us and others, and could be used to personalize your experience. You are responsible for the information you choose to submit in these instances.

 

We also obtain information provided by third parties. For instance, we obtain information from companies that can enhance our existing guest information to improve the accuracy and add to the information we have about our customers (e.g., adding address information).

 

This improves our ability to contact you and increases the relevance of our marketing by providing better product recommendations or special offers that may interest you.

 

How Do You Access and Update Your Personal Information?

In order to keep your personal information accurate and complete, you can access or update some of it in the following ways:

  • If you have created a PhelpsServices.com account, you can log in to review and update your account information, including contact, billing, and shipping information.
  • Email us at GetAQuote@Phelpsservices.com with your current contact information and the personal information you would like to access. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect.

 

How Is Your Personal Information Protected?

Security Methods

We maintain administrative, technical, and physical safeguards to protect your personal information. When we collect or transmit sensitive information such as a credit or debit card number, we use industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

E-mail Security

“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.

 

Children’s Personal Information

We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online from children under the age of 13. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian contact us at GetAQuote@PhelpsServices.com.

 

How Do You Contact Phelps Services?

 

Mail:
Phelps Services
416 Youngstown Rd
Morgantown, KY 42261

E-mail:
GetAQuote@PhelpsServices.com