Tools of Marketing, Inc.
Terms of Use
Last Updated: July 24, 2025
Tools of Marketing, Inc. (together with its subsidiaries, divisions, and brands, collectively, the “Company,” “us,” “we,” or “our,” as the context may require) operates and provides www.toolsofmarketing.com and other affiliated websites that link to these Terms of Use (collectively, the “Site”).
2. Acceptance of Terms of Use
These Terms of Use are entered into by and between you and the Company. The following Terms of Use, together with any documents they expressly incorporate by reference and any other applicable policies, including our Privacy Policy (collectively, “Terms”), govern your access to and use of the Site, including any applications or widgets, content, features, functionality, materials, information, and services offered on or through the Site.
Please read these Terms carefully before you use the Site. By registering, accessing, or using the Site, by clicking “I accept” or “I agree” to the Terms when this option is made available to you, or by placing an order for products or services from the Site, you affirm that you are of legal age to enter into these Terms, and you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms, please do not visit, access, use, or otherwise interact with the Site.
The Site is offered and available to individuals who are 18 years of age or older. If you are not 18 years of age or older, please do not visit, access, use, or otherwise interact with the Site.
If you agree on behalf of a corporation, governmental organization, or other legal entity, you represent and warrant that you have the right, power, and authority to enter into these terms on its behalf.
3. Changes to Terms
We reserve the right to change these Terms in our sole discretion without advance notice. Changes to these Terms become effective on the date when the updated Terms are published on the Site. Your continued use of the Site after we revise the Terms means you accept such revisions and agree to abide and be bound by the most recent version of the Terms, so please check this page periodically for updates.
4. Access; Consent to Electronic Communications
Certain portions of the Site allow users to set up an account, including providing certain registration details and creating login information such as a unique username and password. It is a condition of your use of the Site that all information you provide on the Site is correct, current, and complete. By setting up an account, you expressly agree to (a) keep the username, password, and other account or login information confidential; (b) supervise and be responsible for the user of your account; and (c) contact us and promptly change your login information if you believe that an unauthorized person has access to your account or login information.
We reserve the right to suspend your account for improper access or violation of these Terms, or at any time in our sole discretion for any or no reason. We further reserve the right to restrict your access to all or part of the Site at any time in our sole discretion for any or no reason.
By providing your information or creating an account, you agree that the Company may contact you by email, direct mail, telephone or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with your account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase. You may opt out of receiving emails, telephone calls or text messages by contacting us at any time.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
5. Online Purchases
All purchases through the Site or other transactions for the sale of goods or services carried out through the Site, or resulting from visits made by you, are governed by this Section 5 (Online Purchases).
You agree that your order is an offer to buy, in accordance with these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Prices posted on this Site may be different from prices offered by us elsewhere. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept Mastercard, Visa, Discover or American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within thirty (30) days of purchase with valid proof of purchase and provided such products are returned in their original condition. To return products, you must call customer service at 800-475-4035 or email our Returns Department at customerservice@toolsofmarketing.com to obtain a Return Merchandise Authorization (“RMA”) number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.
Refunds are processed within approximately ten (10) business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
WE OFFER NO REFUNDS ON ANY PERSONALIZED PRODUCTS, CLOSEOUT SALE PRODUCTS, OR ANY OTHER PRODUCTS OTHERWISE DESIGNATED ON THIS SITE AS NON-RETURNABLE. WE RESERVE THE RIGHT TO REFUSE REFUNDS IN OUR SOLE DISCRETION.
If you receive a damaged or an incorrect item, please contact us as provided in Section 20 (How to Contact Us) within seven (7) days of receipt of your order.
We do not manufacture or control any of the products or services offered on the Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on the Site. However, the products and services offered on our Site may be covered by a manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in any manufacturer's warranty.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE PRODUCTS OFFERED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WE MAKE NO WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OFFERED ON THIS SITE. ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
You represent and warrant that you are buying products or services from the Site for your own personal or internal business use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States or Canada.
6. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site to:
· Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you.
· Invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Site.
· Communicate with us or upload to the Site any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material, or any material that contains nudity, sexually explicit or pornographic material, violence, or discrimination based on race, gender, sex, sexual orientation, religion, nationality, disability, or age.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Violate any applicable federal, state, local or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others.
· Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
· Promote any illegal activity or advocate, promote, or assist any unlawful act.
· Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation, or other commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or to misrepresent an affiliation with any person or organization.
· Collect information about others (including email addresses) without their consent.
· Violate these Terms or any other policies or agreements that you enter into with us.
· Engage in any other conduct that restricts or inhibits use of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site.
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Probe, scan, or test the vulnerability of our Site, our network, our security, or authentication measures without proper authorization.
· Use any device, software, or routine that interferes with the proper working of the Site.
· Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site are stored, or any server, computer, or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Site.
Your failure to comply with the above provisions may result in the termination of your access to the Site and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Linking to the Site and Social Media Features
8. Intellectual Property Rights
The Site and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, subsidiaries, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Site, except as follows:
· Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Site for your own personal or internal business use and not for further reproduction, publication, or distribution.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
· Modify copies of any materials from the Site.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, subsidiaries, or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Except as expressly provided, nothing contained in these Terms or anywhere on the Site shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.
9. Feedback
The Company may provide an area for you to submit feedback on the Site. When you submit ideas, documents, suggestions, and/or proposals (“Feedback”), you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information. The Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback. The Company shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit. The Feedback shall automatically become the sole property of the Company, and the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
10. Privacy Policy
All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. Third-Party Apps or Websites
While using the Site, you may access the Site through a third-party app or access third-party apps or websites through search results displayed on or through the Site and links contained on the Site, including links to make payments. Such third-party apps or websites are not under our control, and we are not responsible for the availability of such apps or websites or their contents. Any links provided on the Site are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked app or website. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each such app or website.
12. Availability
We may periodically schedule system downtime for maintenance and other purposes, and the Site may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Site, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
We reserve the right to terminate, withdraw or amend the Site or any portion thereof, including any product, service, or material we provide on or through the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or to the Site altogether.
13. Errors
We attempt to provide the most recent, accurate, and reliable information on our Site. However, there may be occasions when information featured on our Site may contain typographical errors, incomplete data, inaccuracies, or items featured on the Site that are no longer available. We do not warrant that the information accessible via the Site is accurate, complete, or current. Any errors are unintentional, and we apologize if erroneous information is reflected on the Site. We reserve the right to correct errors and to update the Site at any time, but we are under no obligation to update the Site or any related content.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ANY RELATED CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR ANY RELATED CONTENT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE AND ANY RELATED CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE OR ANY LINKED APP OR WEBSITE, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you. The limitation of liability set forth in this Section 15 (Limitation of Liability) shall only apply to the extent permitted by law.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, licensors, service providers, and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your access, use, or misuse of the Site; (ii) your violation of these Terms; (iii) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Site in any manner not authorized by us; or (iv) your negligent conduct. This includes, but is not limited to, any use of the content, products, and services on the Site other than as expressly authorized in these Terms.
17. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. Termination
We reserve the right to restrict or terminate your access to all or part of the Site at any time in our sole discretion for any or no reason.
Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under these Terms. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Site prior to termination shall continue after termination. Provisions of these Terms regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of these Terms for any reason.
When you visit or use the Site, submit a contact request, request maintenance or other services, send an email to us, or otherwise communicate with us through the Site or electronically, you expressly grant the Company, its affiliates, or its third-party service providers the right to communicate with you electronically and consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication. This includes, but is not limited to, posting notices on the Site or responding to your email. It is your responsibility to keep your email address current. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Company reserves the right, in its sole discretion, to communicate with you in paper form. You may withdraw your consent to electronic communications by contacting us as provided in Section 20 (How to Contact Us).
To give us notice under these Terms, you must contact us as follows: (i) by email to customerservice@toolsofmarketing.com or (ii) by personal delivery, overnight courier, or registered or certified mail to 1195 Sycamore Street, Sauk City, WI 53583. We may update the addresses for notice to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters relating to the Site or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
These Terms constitute the entire agreement between you and the Company with respect to our Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Site. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms shall operate as a waiver of such right. If any provision contained in these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. How to Contact Us
If you have any feedback, comments, questions, or requests for technical support relating to the Site, you may contact us:
· Via email at customerservice@toolsofmarketing.com;
· Via phone at 800-475-4035; or
· Via mail at 1195 Sycamore Street, Sauk City, WI 53583.