Effective Date: August 1, 2025

Agreement and Acceptance

These Terms of Service govern your use of How Marketing Technology Works® (HMTW) operated by Digital Mindshare LLC. By accessing or using our platform, you agree to be bound by these terms. If you don’t agree with any part of these terms, please don’t use our services.

Service Description

HMTW provides free educational content, insights, and resources focused on marketing technology and related topics. Our services include:

• Original articles and educational materials
• Links to curated third-party content and resources
• Sponsored content from industry partners and advertisers
• Newsletters and email communications
• Webinars and educational events

All sponsored content and advertiser materials are clearly identified as such.

Newsletter Subscriptions

Third-Party Management: Newsletter subscriptions are managed through third-party platforms. When you subscribe to HMTW newsletters, you’ll create and manage your subscription through the third-party service provider, not directly with HMTW.

Subscription Information: You may be asked to provide basic information like your name, email address, and professional details when subscribing. This information is collected and managed by the third-party platform according to their privacy policy and terms of service.

Managing Your Subscription: To modify, pause, or cancel your newsletter subscription, use the management tools provided by the third-party platform or the unsubscribe links included in newsletter emails.

Acceptable Use

Permitted Uses:

• Access and read educational content
• Subscribe to newsletters and communications
• Share content with proper attribution
• Use information for professional development

Prohibited Activities:

• Commercial use without permission
• Automated data collection or scraping
• Attempting to compromise platform security
• Using content to create competing services

Intellectual Property

Our Original Content: Original content created by Digital Mindshare LLC, including articles, graphics, designs, and educational materials, is owned by Digital Mindshare LLC and protected by copyright and other intellectual property laws. “How Marketing Technology Works” is a registered trademark of Digital Mindshare LLC.

Third-Party and Sponsored Content: HMTW features content from various sources including:

• Links to external articles, resources, and websites
• Sponsored content from advertisers and partners
• Guest contributions from industry professionals
• Curated content from third-party sources

Third-party content remains the property of its respective owners. Sponsored and advertiser content is clearly marked and identified.

Limited License: We grant you a non-exclusive, non-transferable license to access and use our original content for personal, non-commercial educational purposes. You may share or reference our original content with proper attribution to HMTW.

User-Generated Content: Any content you submit (feedback, questions, suggestions) becomes our property. You grant us the right to use, modify, and distribute your submissions without compensation.

Third-Party Content Disclaimer: We aggregate and link to third-party content for educational purposes. We don’t endorse, guarantee the accuracy of, or take responsibility for external content, websites, or the views expressed by third-party contributors.

Free Service Disclaimer

HMTW is provided free of charge. We reserve the right to:

• Modify or discontinue services at any time
• Change content, features, or functionality
• Limit access to certain content or features
• Implement usage restrictions

Privacy and Data

Your privacy is governed by our Privacy Policy, which is incorporated into these terms. By using HMTW, you consent to our data collection and use practices as described in the Privacy Policy.

Disclaimers and Warranties

“As-Is” Service: HMTW is provided “as-is” without warranties of any kind. We don’t guarantee that our service will be uninterrupted, error-free, or meet your specific needs.

Educational Content Only: All content on HMTW is provided for educational and informational purposes only. Content is not intended as professional advice, including but not limited to business, financial, legal, technical, or strategic advice.

No Professional Advice: HMTW does not provide professional consulting services through our content. You should consult with qualified professionals before making business decisions or implementing strategies discussed in our content.

Business Decision Disclaimer: Any business decisions, strategies, or actions you take based on HMTW content are entirely your responsibility. We are not liable for any business outcomes, financial losses, or other consequences resulting from your use of information found on our platform.

Content Accuracy: While we strive for accuracy in our original content, we don’t warrant the completeness, accuracy, or reliability of any content, including third-party, sponsored, or linked content. Information may become outdated or may not apply to your specific situation.

Implementation Risk: Marketing technology implementations and business strategies carry inherent risks. Results may vary based on numerous factors beyond our control, including but not limited to market conditions, execution quality, timing, and business-specific circumstances.

Sponsored Content Notice: Sponsored content and advertiser materials represent the views and offerings of our partners. We don’t endorse specific products or services featured in sponsored content, though we may receive compensation for featuring such content.

Third-Party Services: We’re not responsible for the availability, accuracy, or content of third-party services or websites linked from our platform.

Limitation of Liability

Aggregate Liability Cap: Digital Mindshare LLC’s aggregate liability in connection with any claim arising out of or relating to HMTW and/or the content, information, and services provided shall not exceed $100, and that amount shall be in lieu of all other remedies which you may have against Digital Mindshare LLC and any affiliated parties.

Excluded Damages: We are not liable for any indirect, special, incidental, consequential, or punitive damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.

Exceptions: This limitation does not apply to liability arising from our gross negligence or willful misconduct as defined under New York law.

User Responsibility: You use HMTW at your own risk and are responsible for any decisions made based on information obtained through our platform.

Indemnification

You agree to indemnify and hold Digital Mindshare LLC harmless from any claims, damages, or expenses arising from your use of HMTW, violation of these terms, or infringement of any third-party rights.

Termination

By You: You may stop using HMTW at any time. Newsletter unsubscribe requests can be made through the third-party platform managing your subscription.

By Us: We may suspend or terminate your access for violations of these terms, inappropriate behavior, or at our discretion with or without notice.

Effect of Termination: Upon termination, your right to access HMTW ends immediately. Newsletter subscriptions are managed separately through third-party platforms. Provisions regarding intellectual property, disclaimers, and limitation of liability survive termination.

Modifications

We may update these terms periodically. Significant changes will be announced through our usual communication channels. Continued use after changes constitutes acceptance of updated terms.

Governing Law and Disputes

Jurisdiction: These terms are governed by the laws of [State], United States, without regard to conflict of law principles.

Dispute Resolution: Any disputes should first be addressed through informal communication with Digital Mindshare LLC. If informal resolution fails, disputes will be resolved through individual binding arbitration, not class action or mass arbitration proceedings.

Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class action lawsuits.

General Provisions

Entire Agreement: These terms, along with our Privacy Policy, constitute the complete agreement between you and Digital Mindshare LLC regarding HMTW.

Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.

Assignment: We may assign these terms in connection with a business transfer. You may not assign your rights without our written consent.

Contact Information: Questions about these terms should be directed to info@howmarketingtechnology.works.

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By using HMTW, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.