Terms Of Service
Updated: September 1st , 2023
Tolbert Consulting Group and/or its affiliates (“Tolbert Consulting Group”) provide website features access to third party products and services to you when you visit or email at [email protected], or their subdomains, use Tolbert Consulting Group products or services, use Tolbert Consulting Group applications for mobile, or use software provided by Tolbert Consulting Group in connection with any of the foregoing (collectively, “ Tolbert Consulting Group Services”). Tolbert Consulting Group provides these services subject to the following conditions
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs. Individuals come to our websites to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER [email protected] OR THEIR SUBDOMAINS, OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
General Use
The use of Tolbert Consulting Group or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Tolbert Consulting Group (“Tolbert Consulting Group,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND TOLBERT CONSULTING GROUP. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY TOLBERT CONSUTING GROUP, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Tolbert Consulting Group reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
Website Use
2. Website User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
5. Order Placement and Acceptance
6. Refunds
7. Subscription Terms and Automatic Payment
8. Shipping Fees
9. Products, Services, and Prices Available on the Website
10. Disclaimer – your individual results will vary
11. Your Responsibilities Running A Business
12. Testimonials, reviews, and pictures/videos
13. Compliance with the law, including commitment against harassment and interference with others
14. Disclaimers of other warranties
15. Limitations of liabilities
16. Dispute resolution by mandatory binding arbitration and class action waiver
17. Tolbert Consulting Group Additional Remedies
18. Indemnification
19. Notice and Takedown Procedures; Copyright Agents
20. Third-Party Links
21. Termination
22. No Waiver
23. Governing Law and Venue
24. Force Majeure
25. Assignment
26. Electronic Signature
27. Changes to the Agreement
28. Your Additional Representations and Warranties
29. Severability
30. Entire Agreement
31. Contacting Us
SECTION 1 – Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Tolbert Consulting Group trademark and logo are proprietary marks of Tolbert Consulting Group, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Tolbert Consulting Group.
Subject to your continued strict compliance with all Terms ,Tolbert Consulting Group provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Tolbert Consulting Group online materials, Tolbert Consulting Group provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferrable license to use the software. You
acknowledge and agree that:(1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Tolbert Consulting Group (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Tolbert Consulting group; and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Tolbert Consulting Group alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Tolbert Consulting Group.
You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
1. HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction of harm to Tolbert Consulting Group reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Tolbert Consulting group or any third party
;
2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Tolbert Consulting Group reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Tolbert Consulting Group, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – Our Privacy Statement and Your Personal Information
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom. Our Privacy Statement may be viewed here. Tolbert Consulting Group reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
Affiliates.
In addition to those third parties set forth above, we may share your information, including personal information, within our family of companies including but not limited to Tolbert Consulting Group. Those companies will use such information in generally the same manner as we do under this privacy statement which includes sending you information about their products, services, or initiatives that may be of interest to you.
Legally Compelled Disclosures.
We may disclose your information, including personal information, to government authorities, and to other third parties when compelled to do so by such government authorities, or at our discretion or otherwise as required or permitted by law, including but not limited to responding to court orders and subpoenas.
To Prevent Harm.
We may disclose your information, including personal information, when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the online and mobile resources, or anyone else that could be harmed by such activities.
Business Transfer.
If we or any of our affiliates, or substantially all of its or their assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation, or liquidation, personal information may be one of the transferred assets.
Vendors and Business Partners.
We may share your information, including personal information, with our vendors and other third parties with whom we have a contractual relationship. We may also share your information, including personal information, with vendors who provide third party software services that you have chosen to assist you with your sales funnels. We do our best to disclose only the information each of those parties need.
We have adopted standards for those vendors and business partners who receive personal information from us. We attempt to bind such vendors and business partners to those standards via written contracts. We further attempt to contractually restrict what our vendors and business partners can do with the personal information we provide to them such that it is used only to the extent necessary to carry out the business purpose for which it was provided; is not disclosed to anyone else without our consent or under our instruction; remains, as between us and the applicable vendor or business partner, our property; and is not transferred out of the United States without our consent.
Please note, however, that we cannot guarantee that all of our vendors and business partners will agree to these contractual requirements; nor can we ensure that, even when they do agree, they will always fully comply.
YOUR RIGHTS AND OPTIONS
You do not have to provide personal information to enjoy most of the features of our online and mobile resources. Moreover, you can opt-out of certain activities like newsletters and announcements. Residents of California and data subjects whose personal information was obtained while they were in the GDPR Jurisdictions have certain additional rights.
GDPR Jurisdictions means the countries composed of the European Economic Area (including Iceland, Lichtenstein, and Norway) and the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
Furthermore, Andorra, Argentina, Canada (only commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland, Uruguay and Japan have received an “adequacy decision” from the European Commission, adheres to the material terms of the GDPR. Switzerland also has its own data protection via its Federal Act of Data Protection (“DPA”).
GDPR longer has jurisdiction over The United Kingdom. Since the United Kingdom (“UK”) has now formally left the European Union, it is no longer regulated domestically by the material terms of the GDPR. The United Kingdom General Data Protection Regulation (“UK-GDPR”) is the UK’s data privacy law that governs the processing of personal data domestically.
If we are using personal information you provided to us in order to enable us to send you materials, such as newsletters or product alerts via text or email, and you decide you don’t want to receive such materials, you may opt-out by following the opt-out instructions in the email or other communication (e.g., by responding to the text with “STOP”), or by contacting us using the contact information below. When we receive your request, we will take reasonable steps to remove your name from our distribution lists. You need to understand it may take a period to remove your name from our lists after your request and due to such latency, you may still receive materials for a period of time after you opt-out. In addition to opting out, you have the ability to access, amend, and delete your personal information by contacting us using the contact information below.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. At this time, we do not specifically respond to browser “do not track” signals.
CHILDREN’S PRIVACY
Federal law imposes special restrictions and obligations on commercial website operators who direct their operations toward and collect and use information from, children under the age of 13. We take those age-related requirements very seriously, and consistent with it do not intend for our online and mobile resources to be used by children under the age of 13 without first obtaining the verifiable consent of such child’s parent or legal guardian. Moreover, we do not knowingly collect personal information from minors under the age of 13, only a parent or legal guardian may provide such information after adhering to our verification process for submitting such information via the online and mobile resources. If we become aware that anyone under the age of 18 has submitted personal information to our online and mobile resources, we will delete that information and will not use it for any purpose whatsoever. If you believe that someone under the age of 18 has submitted personal information to our online and mobile resources, please contact us at [email protected]. We encourage parents and legal guardians to talk with their children about the potential risks of providing personal information over the Internet.
HOW WE PROTECT COLLECTED PERSONAL INFORMATION
We will take all reasonable security precautions to protect your personal information provided to our online and mobile resources. We have adopted a security program that includes technical, organizational, administrative, and other security measures designed to protect, in a manner consistent with accepted industry standards and applicable law, against anticipated or actual threats to the security of personal information (the “Security Program”). We cannot, however, guarantee that your information, whether during transmission or while stored on our systems or otherwise in our care, will be free from unauthorized access or that loss, misuse, destruction, or alteration will not occur. Except for our duty to maintain the Security Program under applicable law, we disclaim any other liability for any such theft or loss of, unauthorized access or damage to, or interception of any data or communications including personal information. We have every reason to believe our Security Program is reasonable and appropriate for our business and the nature of foreseeable risks to the personal information we collect. We further periodically review and update our Security Program, including as required by applicable law.
Nonetheless, as part of our Security Program, we have specific incident response and management procedures that are activated whenever we become aware that your personal information was likely to have been compromised. We further require, as part of our vendor and business partner oversight procedures, that such parties notify us immediately if they have any reason to believe that an incident adversely affecting personal information, we provided to them has occurred
THE CALIFORNIA CONSUMER PRIVACY ACT
When we collect personal information from California residents, we become subject to, and those residents have rights under, the California Consumer Privacy Act or “CCPA”. This section of our statement is used to allow us to fulfill our CCPA obligations and explain your CCPA rights. For purposes of this section, the words “you” and “your” mean only such California residents.
What did we collect from California Residents?
We collect the following categories of personal information: identifiers such as name, address, IP address, and other similar identifiers; personal information described in subdivision (e) of Section 1798.80 (California customer records statute) such as a name, address, telephone number, credit card number; commercial information such as products or services purchased; internet/electronic activity such as browsing history and search history; geolocation data including geographic coordinates/physical location; and audio, video, electronic or other similar information. We may disclose this information for one or more business purposes permitted by the CCPA. We do not sell, and within the last 12 months have not sold, personal information to third parties.
Rights of California Residents
You have the following rights under the CCPA, in summary disclosure, access and delete. More information can be found here. It’s important to us that you know that if you exercise these rights, we will not “discriminate” against you by treating you differently from other California residents who use our sites and mobile resources or purchase our services but did not exercise their rights.
You can exercise these rights up to two different times every 12 months. To do so, just contact us . We may ask you to fill out a request form. The CCPA only allows us to act on your request if we can verify your identity or your authority to make the request so you will also need to follow our instructions for identity verification.
If you make a verifiable request per the above, we will confirm our receipt and respond in the time frames prescribed by the CCPA.
THE EU GENERAL DATA PROTECTION REGULATION
We do collect or otherwise obtain personal information from data subjects located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect to our workforce/job applicants, our customers (and their own end-clients), and our vendors and business partners through a series of separate notices, contracts or other terms provided to them at the time, and in the manner and form, GDPR and local law within each GDPR Jurisdiction requires.
We describe, in the immediately following section of this statement, how we comply with the GDPR for personal information collected from visitors to and users of our online and mobile resources while they were in a GDPR Jurisdiction. Thus, for purposes of that section, the words “you” and “your” mean only such GDPR Jurisdiction-based visitors and users.
What do we collect from you in the GDPR Jurisdictions and how do we use it?
We collect from you the categories of personal information already described. The lawful basis on which we rely for such collection, later use and disclosure, is what the GDPR refers to as legitimate interest. As stated elsewhere in this statement, we do not sell any of your personal information to third parties nor do we use it for automated decision making.
Cross-border Data Transfers and Third-Party Processors
If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits.
Rights of Data Subjects in the GDPR Jurisdictions
While we attempt to allow all visitors and users of our online and mobile resources to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection (for more information click here).
If you would like to exercise any of these rights, please contact [email protected]. Your ability to exercise these rihts is subject to certain conditions and exemptions that you can read about in Articles 12 through 23 of the GDPR. Among those conditions is our right to decline part or all of a request if we cannot satisfy our reasonable doubts and concerns about your identity in a manner that helps us minimize the risk that unauthorized persons might use a GDPR right to access your personal information. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to
RIGHTS OF DATA SUBJECTS IN OTHER JURISDICTIONS
In other jurisdictions, with similar data privacy regulations, we may collect from you the categories of personal information already described. We collect and manage (including disclose) such data in compliance with applicable local law(s). As noted, we do not sell any of your personal information to third parties nor do we use it for automated decision making.
CHANGES TO THIS PRIVACY STATEMENT
This privacy statement was drafted on September 1, 2023, and is effective as of this date. The English language version of this privacy statement is the controlling version regardless of any translation you may attempt. We reserve the right to change or update this statement from time to time. Please check our online and mobile resources periodically for such changes since all information collected is subject to the statement in place at that time.
CONTACTING US
If you have questions about our privacy statement or privacy practices, please contact us at:
Attn: Legal & Compliance Department
145 N Church Street Suite B102 Spartanburg, SC 29651
[email protected]
Note on how we can communicate with you:
By agreeing to our terms of service a prospect agrees to receive snail mail, email, phone and automated prerecorded voice message solicitations from Tolbert Consulting Group, including its various business divisions, affiliates, partners, vendors, list managers and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our sms/mms mobile message marketing program. We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text and telemarketing (including but not limited to pre recorded phone messages) . Filling out any forms on our pages constitutes my signature and agreement that the Tolbert Consulting Group and it’s representatives, agents, and partners may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms you also agree that you cannot “build a case” against Tolbert Consulting Group (by counting infractions per solicitation) because by submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss of profits.
Message and data rates may apply.
Prospect agrees he/she is solely responsible for any and all third party fees a prospect may incur when being contacted by Tolbert Consulting Group and its business divisions, affiliates, partners, clients, vendors and list managers. By filling out ANY of our forms you also forfeit your right to litigate against Tolbert Consulting Group based on any previously alleged infraction (alleged infractions prior to you submitting any forms) including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the reminder of the terms shall remain in effect
Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.
To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to [email protected] and include the phone number and or email address you wish to be removed.