Skip to content
Prostack Media

Terms of Service

Last updated October 22, 2026

1. Agreement to these terms

PLEASE READ SECTION 13 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES JURY TRIALS AND CLASS ACTIONS.

These Terms of Service ("Terms") are an agreement between you and Prostack Media ("Prostack Media," "we," "us," or "our"), a digital marketing agency located at 665 Hillside Ave. #157, New Hyde Park, NY 11040. They cover your use of our website at https://prostackmedia.com (the "Site") and set out general terms that apply when you engage us for services.

By using the Site or engaging our services, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site. If you are accepting these Terms for a company, you confirm that you have authority to bind that company, and "you" includes the company.

2. Using the Site

You may use the Site to learn about our services and to contact us. You must be at least 18 years old, or the age of majority where you live, to submit information through the Site. When you use the Site, you agree not to:

  • Break any law or violate anyone's rights
  • Submit false information or impersonate someone else
  • Send spam, malware, or harmful code, or submit forms automatically or in bulk
  • Try to gain unauthorized access to the Site, its servers, or any connected system
  • Interfere with how the Site works or put an unreasonable load on it
  • Scrape or copy the Site's content for commercial use without our written permission

We may change, suspend, or stop any part of the Site at any time, and we may block access by anyone who misuses it.

Content on the Site, including articles and examples, is general information about marketing. It is not legal, financial, or other professional advice for your situation.

3. Intellectual property

The Site and its content, including text, graphics, logos, design, and code, belong to Prostack Media or our licensors and are protected by copyright, trademark, and other laws. You may view and print pages for your own personal or internal business use. You may not copy, modify, distribute, or reuse our content or branding for any other purpose without our written permission.

Other company names, logos, and trademarks shown on the Site belong to their owners and are used only to identify them. Their appearance does not mean they endorse us.

If you send us ideas or feedback, we may use them without any obligation to you. Ownership of work we create for clients is handled in each client's written agreement.

4. Engaging our services

Our services may include search engine optimization, local listing and map optimization, paid advertising, and other digital marketing work. The specific services, deliverables, fees, timelines, and other terms for any engagement are set out in a separate written proposal, statement of work, or service agreement that both sides accept.

If a separate written agreement conflicts with these Terms, the written agreement controls. These Terms fill in anything the written agreement does not address. Nothing on the Site is an offer that becomes binding just because you accept it online, and pricing or package details shown on the Site may change.

5. No guarantee of results; use at your own risk

We work hard for our clients and use commercially reasonable efforts and methods we believe are effective, but marketing results depend on many things we do not control. Search engines, map platforms, ad networks, social media sites, and review sites such as Google and Meta set their own rules and algorithms, change them often, and decide for themselves how content is ranked, shown, approved, or removed. Results also depend on your market, competition, budget, website, and reputation.

For those reasons, we do not guarantee any particular result from any of our services, including:

  • Search engine rankings or positions for any keyword
  • Placement in the Google map pack or any local listing
  • Ad approval, impressions, clicks, cost per click, conversions, or return on ad spend
  • Website traffic, leads, calls, sales, or revenue
  • The number, rating, or content of online reviews
  • That any listing, ad, account, or review will stay live or will not be suspended or removed by a platform

Any case studies, examples, estimates, or past results on the Site or in a proposal describe specific situations and are not a promise of similar results for you. Our fees are for the work we perform and are not contingent on, or refundable because of, any particular outcome, unless your written agreement expressly says otherwise.

You use the Site and our services, and act on any recommendation, report, or estimate we provide, at your own risk. Decisions about your budget, advertising, website, and business remain yours. You understand that marketing involves uncertainty and that results may be lower than expected or may not occur at all.

6. Third-party platforms and services

Much of our work happens on platforms run by other companies, such as Google, Meta, and website hosts. Your use of those platforms is governed by their own terms and policies, which you are responsible for following. We are not responsible for the acts, outages, policy changes, fees, account suspensions, or data practices of those companies. Links to third-party websites are provided for convenience, and we do not endorse or control them.

7. Client responsibilities

When you engage us, you agree that:

  • The information, logos, photos, and other materials you give us are accurate, and you have the rights needed for us to use them.
  • You will review and approve content before it is published, and you are responsible for the content you approve, including claims about your products, services, prices, credentials, and results.
  • You are responsible for following the laws and professional rules that apply to your business and its advertising. Examples include FTC rules on truthful advertising, endorsements, and reviews; attorney advertising rules for law firms; medical, dental, and health care advertising and patient privacy rules such as HIPAA; and licensing rules in regulated trades. We are not your lawyer and do not provide legal or compliance advice.
  • You will not ask us to create, buy, or post fake reviews or testimonials, or to engage in practices that break platform policies.
  • If we send emails or text messages for your business, you will make sure you have the consent the law requires from the people who receive them.
  • You will not send us sensitive data, such as patient health information or payment card numbers, unless our written agreement specifically covers how it will be handled.
  • You will give us timely access, feedback, and approvals. Delays on your side may affect timelines and results.

8. Text message (SMS) terms

These terms apply if you choose to receive text messages from Prostack Media. Customer care and marketing texts are separate, optional choices, and consent is never a condition of purchase.

Program name and description

These text message terms cover text messages sent by Prostack Media, a digital marketing agency located at 665 Hillside Ave. #157, New Hyde Park, NY 11040. The program name is Prostack Media, and every message we send identifies us by that name.

The program has two separate parts. You choose each one on its own, and signing up for one does not sign you up for the other.

Customer care messages

Non-marketing messages about your inquiry or your work with us, such as:

  • Replies to questions you send us through our website, by email, by phone, or by text
  • Appointment and consultation reminders and scheduling updates
  • Project updates and account notifications

Marketing messages

Promotional messages that we send only if you separately opt in to them, such as:

  • Special offers on our services
  • Marketing tips
  • Company news and announcements

Example customer care message: "Prostack Media: Hi Jordan, this is a reminder of your consultation tomorrow at 2PM. Reply HELP for help or STOP to opt out."

Example marketing message: "Prostack Media: Tip of the month: keep your Google Business Profile hours up to date so customers always know when to call. Msg & data rates may apply. Reply STOP to opt out."

How you opt in

We only text people who have agreed to receive our messages. You can opt in in these ways:

  • Website form. On our contact page, enter your mobile number and check the box for customer care messages, the box for marketing messages, or both. The boxes are optional and are never checked in advance. You can send the form without checking either one.
  • Verbal or written request. You can ask us to text you during a phone call, in a meeting, by email, or in a signed document. We note the date and the type of messages you agreed to. Verbal requests are used only for customer care messages. Marketing messages require your written consent, such as checking the marketing box on our form.

Agreeing to our Terms of Service or Privacy Policy does not by itself sign you up for text messages. Text messaging consent is always a separate choice.

After you opt in, you may receive a message confirming your enrollment, which identifies Prostack Media and includes message frequency, rate, HELP, and STOP information.

Consent is not a condition of purchase

You do not have to agree to receive text messages to buy or use any of our services. You can always reach us by phone or email instead.

Message frequency

Message frequency varies. Customer care messages depend on your inquiry, appointments, and projects. Marketing messages are sent from time to time, and we aim to keep them occasional and useful.

Costs

Message and data rates may apply. Prostack Media does not charge for text messages, but your wireless carrier may charge you for messages you send and receive according to your plan. Contact your carrier for details about your plan.

How to opt out

You can cancel at any time. Reply STOP to any message from us. You can also reply CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL.

After you opt out, you will receive one final message confirming that you have been unsubscribed. After that, you will not receive further text messages from us at that number unless you opt in again.

Replying STOP ends all text messages from the Prostack Media number you reply to, including customer care messages. If you only want to stop marketing messages and keep receiving customer care messages, call or email us and we will update your preferences.

You can also opt out by telling us in any reasonable way, such as by calling (844) 979-8787 or emailing info@prostackmedia.com. We honor opt out requests promptly and within the time the law requires.

If you change your mind later, you can opt back in by replying START or by contacting us.

How to get help

Reply HELP to any message for help. You will receive a reply with our contact information and how to opt out. You can also reach us directly:

Supported carriers and delivery

The program is available on most major U.S. wireless carriers, including AT&T, T-Mobile, and Verizon, as well as many regional and prepaid carriers. Not every carrier or device supports every message.

Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, your coverage, and your device, and is not guaranteed. Prostack Media is also not responsible for delays or failures caused by carriers or other factors outside our control.

We may use text message delivery providers, such as Twilio or Telnyx, to send our messages.

Eligibility and your number

  • You must be at least 18 years old, or the age of majority where you live, to join the program.
  • You must be the account holder for the mobile number you provide, or have the account holder's permission to use it.
  • If you change or give up your mobile number, please reply STOP from that number or let us know, so that messages meant for you do not go to someone else.

Privacy

We use your mobile number only to run this program, keep records of your consent and opt out choices, and respond to you. 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. The only exception is subcontractors that support our service, such as text message delivery providers and carriers, which may use the information only to deliver our messages.

Please do not send sensitive personal information, such as passwords, financial account numbers, or health information, by text message.

For more details, read our Privacy Policy.

Changes to the program and these terms

We may change these text message terms or change, pause, or end the program at any time. When we update these terms, we will change the "Last updated" date above. If we make a material change, we will let current subscribers know where the law requires.

Contact us

Prostack Media, 665 Hillside Ave. #157, New Hyde Park, NY 11040

9. Privacy

Our Privacy Policy explains how we collect and use personal information. We do not sell your personal information, and we do not share mobile information with third parties or affiliates for marketing or promotional purposes.

10. Disclaimers

THE SITE, ITS CONTENT, AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUR SERVICES WILL ACHIEVE ANY PARTICULAR RESULT. We do not promise that the Site will always be available, error free, or free of viruses, or that its content is complete or current. Any warranties for services are only those expressly stated in your written agreement with us.

11. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, PROSTACK MEDIA AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THE SITE, THESE TERMS, OR OUR SERVICES, EVEN IF WE WERE TOLD THESE DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SITE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OUR SERVICES IS LIMITED TO THE FEES YOU PAID US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS BEFORE THE CLAIM AROSE, UNLESS YOUR WRITTEN AGREEMENT STATES A DIFFERENT LIMIT.

Some places do not allow certain limits on liability, so some of these limits may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Prostack Media and its owners, employees, and contractors from any claims, losses, damages, fines, and costs, including reasonable attorneys' fees, arising from: (a) your misuse of the Site or breach of these Terms; (b) content, materials, or claims you provide or approve; (c) your violation of any law, regulation, professional rule, or platform policy; or (d) your violation of anyone else's rights.

13. Governing law, arbitration, and class action waiver

Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Informal resolution first. Before starting arbitration, you and we each agree to try in good faith to resolve any dispute informally. The party raising the dispute must send a written description of it to the other, and both sides will have thirty (30) days to work toward a resolution.

Binding arbitration. Any dispute, claim, or controversy arising from or relating to these Terms, the Site, or our services that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where those rules require. The arbitration will be held before a single arbitrator in Nassau County, New York, or by video conference if both sides agree. The arbitrator's decision will be final, and judgment on the award may be entered in any court with jurisdiction.

Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. The arbitrator may not combine more than one party's claims or preside over any form of class or representative proceeding.

Exceptions. Either side may bring an individual claim in small claims court if it qualifies, and either side may ask a court for temporary or injunctive relief to protect intellectual property or confidential information while an arbitration is pending. Any court proceeding permitted by this section, including one to enforce an arbitration award, will be brought in the state courts located in Nassau County, New York, or the United States District Court for the Eastern District of New York, and you and we consent to the personal jurisdiction of those courts.

Time limit. To the extent allowed by law, any claim must be brought within one (1) year after it arises, or it is permanently barred.

If any part of this section is found unenforceable, the rest of it will still apply, except that if the class action waiver is found unenforceable for a particular claim, that claim will proceed in court on an individual basis as described above.

14. Severability and other terms

  • Severability. If any part of these Terms is found unenforceable, that part will be enforced to the maximum extent allowed, and the rest of these Terms will stay in effect.
  • No waiver. If we do not enforce a provision right away, we have not given up our right to enforce it later.
  • Entire agreement. These Terms, our Privacy Policy, the text message terms in Section 8, and any written agreement for services are the entire agreement between you and us on these subjects.
  • Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours in connection with a merger, acquisition, or sale of our business.
  • Events beyond our control. We are not responsible for delays or failures caused by events outside our reasonable control, including platform outages and policy changes.

15. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top shows when they last changed. Changes apply from the time they are posted, and your continued use of the Site after that means you accept them. Changes will not affect a signed service agreement unless that agreement says otherwise.

16. Contact us

Questions about these Terms can go to:

Prostack Media, 665 Hillside Ave. #157, New Hyde Park, NY 11040

You can also reach us through our contact page.