How Marketing Technology Works®

Take Control of Your Martech Stack With Marketing Technology Transformation

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Terms of Service

1. Agreement and Acceptance

These Terms of Service (“Terms”) govern your use of How Marketing Technology Works® (HMTW), an educational content platform operated by Digital Mindshare LLC (“Digital Mindshare”), a marketing technology consulting firm.

By accessing, browsing, or using HMTW in any way, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use our platform.

Your continued use of HMTW constitutes your acceptance of these Terms and any modifications we make to them.

2. Who We Are & What We Offer

2.1 Platform Operator

  • Organization: Digital Mindshare
  • Business Type: Marketing Technology Consultancy
  • Platform: How Marketing Technology Works® (HMTW)
  • Website: howmarketingtechnology.works

2.2 What HMTW Provides

HMTW is a free educational platform offering:

  • Original Analysis: Articles, frameworks, and research created by Digital Mindshare
  • Curated Content: Links to and summaries of articles from industry publications, competitors, and other sources
  • Sponsored Content: Vendor-funded educational materials, clearly labeled as “Sponsored”
  • Newsletters: Email digests of curated and original content
  • White Papers & Resources: In-depth educational guides on martech topics
  • Webinars & Events: Virtual educational events (free and paid)

2.3 What HMTW Is Not

HMTW is explicitly not:

  • Professional consulting (even though Digital Mindshare provides consulting services separately)
  • Legal, financial, or business advice
  • Product recommendations or endorsements
  • Warranty or guarantee of vendor product quality
  • A neutral or independent news source (we are operated by a consultancy with business interests)

3. Content Types & Transparency

Understanding HMTW’s three content types is critical to using the platform effectively:

3.1 Curated Content (Most of HMTW)

What It Is:

  • Articles, blog posts, and resources from external sources (publications, competitors, vendors, analysts)
  • Summaries written by Digital Mindshare (typically 250 characters or less)
  • Direct links to the original source
  • Fully accessible without registration

Our Curation Model:

  • Digital Mindshare selects which external content to feature
  • We intentionally include competitor content to provide comprehensive market coverage
  • Content selection reflects our consulting methodology and expertise
  • Featured content does NOT imply our endorsement of the source
  • We do not receive payment for featuring most curated content

Your Relationship to This Content:

  • You are reading Digital Mindshare’s summary, not the full original article
  • You must click through to read the full source material
  • The original source’s website and privacy policy govern what happens when you click through
  • Your engagement with curated content informs our understanding of martech buyer interests
  • This engagement data may trigger consulting outreach from Digital Mindshare

Bias Disclosure:

  • Our curation inherently reflects our business interests
  • We may favor content that aligns with our consulting methodology
  • Content about competitors’ strengths is included because transparency serves education
  • Content about composable martech may be overrepresented because it aligns with our approach
  • You should evaluate curated content critically, knowing it has passed through a consultancy’s filter

3.2 Original Content (Labeled “Digital Mindshare”)

What It Is:

  • Research, analysis, and frameworks created by Digital Mindshare
  • Entirely original (not repurposed from other sources)
  • Represents our methodology and expertise
  • May be created by our employees, contractors, or AI-assisted tools

Authorship:

  • “Digital Mindshare” is not a person; it is the research brand of Digital Mindshare
  • Writers are compensated employees or contractors of Digital Mindshare
  • This is disclosed because the FTC requires transparency when authorship could affect credibility
  • Some content may be AI-assisted or AI-generated; human experts review AI-assisted content before publication

Your Relationship to This Content:

  • You are reading Digital Mindshare’s perspective and expertise
  • The content reflects our consulting methodology and business interests
  • Original content is designed to demonstrate our expertise (and implicitly, our consulting value)
  • Your engagement with this content may trigger consulting outreach
  • By reading this content, you are evaluating Digital Mindshare as a potential consulting partner

Content Quality:

  • We strive for accuracy, but original content is our opinion/analysis, not fact
  • Original content should not be treated as professional consulting advice
  • Frameworks and methodologies presented may not apply to your specific situation

3.3 Sponsored Content (Clearly Labeled)

What It Is:

  • Content funded by a vendor, partner, or advertiser
  • Clearly labeled with “Sponsored by [Company Name]” badge
  • May include white papers, guides, webinars, or event sponsorships
  • Created or funded by a third party (not by Digital Mindshare)

Sponsorship Relationship:

  • Sponsors pay Digital Mindshare to feature their content on HMTW
  • Sponsored content represents the sponsor’s perspective and interests
  • Digital Mindshare may receive payment for featuring sponsored content
  • We do not endorse or validate claims made in sponsored content
  • Sponsored content is clearly separated from objective editorial content

Your Data & Sponsored Content:

  • When you engage with sponsored content (download, view, register), your information may be shared with the sponsor
  • The sponsor’s privacy policy and terms govern subsequent communications
  • This sharing is explicitly disclosed at the point of collection (“Your information will be shared with [Sponsor]”)
  • You may opt out of sponsorship sharing while remaining a HMTW user

Evaluation of Sponsored Content:

  • Consider the source and their business interests
  • Sponsored content should not be weighted equally with objective editorial content
  • Verify claims made in sponsored content through independent research
  • Digital Mindshare does not validate vendor product claims

4. Content Sourcing & Attribution

4.1 How We Source Content

Curated Content Comes From:

  • Industry publications (CIO.com, MarTech Today, Adweek, etc.)
  • Vendor blogs and white papers
  • Competitor thought leadership and products
  • Analyst reports (Gartner, Forrester, etc.)
  • Academic and professional research
  • User-generated content and community discussions

How We Select Content:

  • Educational value: Does it help martech professionals understand the market?
  • Relevance: Does it address current or emerging topics?
  • Balance: Do we represent multiple perspectives and vendors?
  • Transparency: Can our selection process be understood and evaluated?

What We Explicitly Include:

  • Competitor content (because comprehensive coverage serves education)
  • Vendor marketing content (because buyers need to understand positioning)
  • Content critical of the martech industry (because honest assessment is educational)

4.2 Attribution & Linking

Every Curated Content Item Includes:

  • Original article title (exactly as it appears on source)
  • Source publication (e.g., “From CIO.com”)
  • Direct link to original article on the source’s website
  • Brief summary written by Digital Mindshare (our own words)

We Do NOT:

  • Copy full articles or large excerpts
  • Reproduce the complete original content on HMTW
  • Rewrite content to obscure the source
  • Remove or alter attribution

Copyright Compliance:

  • We follow fair use principles (short summaries, linking, transformative analysis)
  • We do not republish content in violation of copyright
  • Third-party content remains the intellectual property of its creators
  • Original source URLs are always linked for full access

5. Newsletter Subscriptions & Email Management

5.1 Newsletter Platforms

HMTW newsletter subscriptions are managed through third-party email service providers:

  • ConvertKit, Substack, HubSpot, or similar platforms
  • These providers collect and manage your subscription information
  • Subscription management (including unsubscribe) happens through these platforms

5.2 Newsletter Content

HMTW offers a single newsletter that may include:

  • Curated martech content: Summaries and links to industry articles
  • Original analysis: Digital Mindshare frameworks and research
  • Sponsored content: Vendor-funded educational materials, clearly labeled
  • Paid sponsorship advertising: Promotional content from partners, clearly labeled

All content types may appear in the same newsletter. Sponsored content and paid advertising are always clearly marked to distinguish them from editorial content.

5.3 Managing Your Subscriptions

Unsubscribe:

  • Every email includes an unsubscribe link at the bottom
  • Click to immediately stop receiving the newsletter
  • Unsubscribe requests are processed instantly

Note on Unsubscribe:

  • Unsubscribing from newsletters does NOT unsubscribe you from consulting communications (if you’ve engaged with Digital Mindshare consulting services)
  • Unsubscribing does NOT delete your account or data
  • To stop all communications or request data deletion, see Section 6 (Your Rights & Control)

6. Your Rights & Control

6.1 Access Your Information

Request Data Access:

  • Email privacy@digitalmindshare.net
  • Subject: “Data Access Request”
  • Include your full name and email address
  • We will provide a copy of your personal information within 30 days

6.2 Correct Your Information

Report Inaccuracies:

6.3 Delete Your Information

Request Data Deletion:

  • Email privacy@digitalmindshare.net
  • Subject: “Data Deletion Request”
  • Specify what information should be deleted (from newsletters, consulting systems, etc.)
  • Deletion will be processed within 30 days
  • Some information may be retained for legal compliance

Deletion Limitations:

  • Information already shared with third-party service providers may require separate deletion requests
  • Legal and tax records may be retained longer
  • Anonymized data (cannot identify you) may be retained indefinitely

6.4 Opt Out of Specific Communications

Stop Consulting Outreach:

  • Request to be removed from Digital Mindshare consulting lead scoring
  • We will not contact you about consulting services
  • You can continue using HMTW

Stop Marketing Communications:

  • Unsubscribe from all newsletters using the unsubscribe link in emails
  • Contact info@digitalmindshare.net to opt out of additional marketing

Stop All Communications:

6.5 Opt Out of Cookies & Tracking

Browser Controls:

  • Disable cookies in your browser settings
  • Most browsers have preferences to control cookies
  • Note: Some HMTW features may not work properly with cookies disabled

Advertising Opt-Out:

  • Google Ads: google.com/settings/ads
  • LinkedIn: linkedin.com/account/privacy-settings
  • Facebook: facebook.com/settings/ads

7. Acceptable Use Policy

7.1 Permitted Uses

You may:

  • Access and read all public content on HMTW
  • Subscribe to newsletters and email communications
  • Share HMTW content with others (with proper attribution)
  • Use HMTW content for professional development and learning
  • Download white papers and resources for personal use
  • Participate in comments and community discussions (where applicable)
  • Print content for personal, non-commercial use

7.2 Prohibited Activities

You may NOT:

  • Use automated tools to scrape, crawl, or bulk-download HMTW content
  • Republish HMTW content without permission and proper attribution
  • Attempt to access restricted areas or bypass security measures
  • Use HMTW to promote competing services or products
  • Engage in harassment, abuse, or threatening behavior
  • Submit spam, malware, or offensive content
  • Circumvent paywalls or access restrictions
  • Use HMTW for commercial purposes without written permission
  • Claim Digital Mindshare content as your own

7.3 Enforcement

If you violate this Acceptable Use Policy:

  • We may suspend or terminate your access immediately
  • We may report illegal activity to appropriate authorities
  • We may seek damages for violations causing harm
  • You remain liable for any costs incurred due to violations

8. Intellectual Property Rights

8.1 Digital Mindshare’s Ownership

Our Original Content:

  • All original articles, frameworks, guides, and research are owned by Digital Mindshare
  • Content is protected by copyright and intellectual property laws
  • “How Marketing Technology Works®” is a registered trademark owned by Gene De Libero

Your Rights:

  • You may read, share, and reference our original content
  • You must attribute Digital Mindshare LLC as the source
  • You cannot modify, republish, or use content for commercial purposes without permission
  • You cannot use our trademarks without written permission

Licensing:

  • We grant you a non-exclusive, non-transferable license to use HMTW content for personal, non-commercial educational purposes
  • This license is revocable if you violate these Terms

8.2 Third-Party Content

Curated Content Ownership:

  • All curated content remains the property of original creators
  • We are not responsible for content accuracy, completeness, or quality
  • Original creators retain all rights to their content
  • Digital Mindshare licenses no rights to third-party content

Sponsored Content Ownership:

  • Sponsored content is owned by the sponsor
  • Sponsors grant Digital Mindshare the right to feature their content on HMTW
  • You may view sponsored content but may not republish it without sponsor permission

8.3 User-Generated Content

If You Submit Content to HMTW:

  • Comments, feedback, questions, suggestions, or article submissions become our property
  • You grant Digital Mindshare a perpetual, worldwide license to use, modify, and distribute your submissions
  • We may use your submissions without compensation or attribution
  • You represent that your submission doesn’t infringe anyone’s rights

9. Content Disclaimers & Limitations

9.1 Educational Content Only

HMTW is provided for educational purposes. The content is not:

  • Professional business consulting
  • Financial, legal, or strategic advice
  • Endorsement or recommendation of specific vendors
  • Guarantee of vendor product quality or performance
  • Substitute for professional consultation

You Should Consult:

  • Business consultants for strategic guidance
  • Legal counsel for legal matters
  • Financial advisors for financial decisions
  • Technology specialists for implementation guidance

9.2 “As-Is” Service

HMTW is provided “as-is” without warranties of any kind:

  • We do not guarantee uninterrupted service
  • We do not warrant that the platform is error-free
  • We do not warrant that content will meet your specific needs
  • We do not warrant the accuracy of third-party content

9.3 Content Accuracy

About Our Original Content:

  • We strive for accuracy in research and analysis
  • We correct errors when discovered
  • Original content reflects our perspective and may not apply universally
  • Business strategies and implementations carry inherent risks

About Curated Content:

  • We do not verify the accuracy of curated content
  • Original creators are responsible for their content’s accuracy
  • You should verify important claims independently
  • Information may become outdated

About Sponsored Content:

  • Sponsors are responsible for the accuracy of their content
  • We do not validate vendor claims or product capabilities
  • You should independently verify vendor claims
  • Sponsored content represents vendor interests

9.4 Implementation Risk Disclaimer

Marketing technology implementations are complex and carry inherent risks:

  • Results vary based on execution quality, timing, and business factors
  • Strategies presented on HMTW may not work in your specific context
  • Technology implementations can fail for reasons beyond our control
  • Business outcomes depend on many factors beyond content guidance

You are responsible for:

  • Evaluating applicability to your situation
  • Testing strategies before full implementation
  • Consulting professionals for implementation guidance
  • Understanding risks specific to your business

9.5 Vendor Product Disclaimer

We Do Not Endorse Specific Products:

  • Mention of a vendor does not imply our endorsement
  • Sponsored content reflects vendor interests, not Digital Mindshare validation
  • You should evaluate vendors through independent research
  • We do not guarantee vendor product quality, reliability, or performance

10. Third-Party Links & Services

10.1 External Links

HMTW includes links to external websites. We are NOT responsible for:

  • Content, accuracy, or quality of linked sites
  • Technical availability of external sites
  • Privacy practices of external websites
  • Security or malware on external sites
  • Compliance of external sites with laws or regulations

10.2 Third-Party Website Policies

When you click a link to an external website:

  • You are leaving HMTW
  • That website’s privacy policy and terms of service apply
  • That website’s cookies and tracking technologies may collect your data
  • We have no control over their practices

You acknowledge:

  • The risk of visiting external websites
  • That you are responsible for evaluating external content
  • That we are not liable for external websites’ practices

10.3 Embedded Content

Some HMTW content may embed third-party services:

  • YouTube videos
  • Twitter/X posts
  • LinkedIn content
  • Google Forms or surveys

Embedded Services:

  • May collect your data according to their privacy policies
  • May place cookies on your device
  • You should review their privacy policies if concerned

11. Limitation of Liability

11.1 Liability Cap

Maximum Liability: Digital Mindshare’s total liability in connection with any claim arising from HMTW, its content, or our services shall not exceed $100 USD, which shall be in lieu of all other remedies.

This cap applies regardless of:

  • The nature of the claim
  • Whether based on contract, warranty, tort, negligence, or otherwise
  • Whether we were advised of the possibility of damages

11.2 Excluded Damages

We are NOT liable for:

  • Indirect damages (lost profits, lost data, lost business)
  • Special or incidental damages
  • Consequential damages
  • Punitive damages
  • Damages for emotional distress
  • Any damages arising from your use of HMTW or reliance on content

11.3 Exception

The liability limitation does NOT apply to:

  • Liability arising from our gross negligence
  • Willful misconduct
  • Violations of law
  • Fraud or intentional deception

12. Indemnification

You agree to indemnify and hold Digital Mindshare harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of HMTW
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your infringement of third-party intellectual property rights
  • Your submission of user-generated content
  • Any content you share or republish

13. Termination

13.1 Termination by You

You may stop using HMTW at any time:

  • Simply close your browser or navigate away
  • Unsubscribe from newsletters using the unsubscribe link
  • Request account deletion (see Section 6)

13.2 Termination by Digital Mindshare

We may suspend or terminate your access for:

  • Violation of these Terms
  • Illegal activity or harassment
  • Abuse of platform resources
  • At our discretion, for any reason, with or without notice

13.3 Effect of Termination

Upon termination:

  • Your right to access HMTW ends immediately
  • Newsletter subscriptions are managed separately through third-party platforms (see their termination policies)
  • Intellectual property provisions survive termination
  • Liability limitations and disclaimers survive termination

14. Modifications to Terms

We may modify these Terms at any time. Significant changes will be:

  • Announced through our usual communication channels (email newsletter)
  • Prominently displayed on the website
  • Effective 30 days after announcement

Continued use of HMTW after changes constitutes acceptance of updated Terms.

What constitutes “significant change”:

  • Changes to liability or limitation of liability
  • Changes to our content curation practices
  • Changes to data sharing with third parties
  • Changes affecting user rights or obligations

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with Digital Mindshare:

  • Contact us at info@digitalmindshare.net
  • Describe the issue in detail
  • Allow 30 days for us to respond and attempt resolution

15.2 Formal Dispute Resolution

If informal resolution fails:

  • Disputes will be resolved through individual binding arbitration
  • NOT through class action or litigation
  • Arbitration will be conducted under New York law
  • You and Digital Mindshare will split arbitration costs equally

15.3 Class Action Waiver

You agree to resolve all disputes individually. You waive the right to:

  • Participate in class action lawsuits
  • Participate in group arbitrations
  • Bring claims on behalf of others

16. Governing Law

These Terms are governed by the laws of New York, United States, without regard to conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between you and Digital Mindshare regarding HMTW. They supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be unenforceable:

  • That provision will be modified to the minimum extent necessary to make it enforceable
  • The remaining provisions continue in full force and effect

17.3 Assignment

Digital Mindshare may assign these Terms and our rights/obligations under them in connection with:

  • A merger or acquisition
  • Sale of assets
  • Change of control
  • Reorganization

You may not assign these Terms without our written consent. Unauthorized assignment is void.

17.4 Waiver

If we don’t enforce a right under these Terms, that doesn’t mean we’ve waived that right. We reserve the right to enforce any provision at any time.

17.5 Notices

Legal notices should be sent to:

Digital Mindshare LLC
PO Box 141
Port Jefferson Station, NY 11776
USA

Email: legal@digitalmindshare.net

18. Contact Information

18.1 Questions About These Terms

18.2 Privacy Concerns

18.3 Legal Notices

19. Special Acknowledgment

19.1 Digital Mindshare’s Dual Role

By using HMTW, you acknowledge and accept that:

  • Digital Mindshare is not a neutral publisher. We are a marketing technology consultancy with business interests.
  • Our content curation reflects our business interests. We intentionally feature competitor content AND have relationships with some vendors.
  • Your engagement data serves dual purposes. It improves HMTW AND informs our consulting practice.
  • You may receive consulting outreach. Based on your engagement with HMTW content.
  • We benefit from your participation. Through consulting lead generation and market intelligence.

We believe transparency is better than hidden interests. By being explicit about our business model, you can make informed decisions about how to engage with HMTW.

19.2 Acknowledgment of Receipt

By using HMTW, you confirm:

  • You have read these Terms of Service in full
  • You understand Digital Mindshare’s dual role as publisher and consultancy
  • You accept our content curation methodology and potential biases
  • You understand content is educational only, not professional advice
  • You accept the liability limitations and disclaimers
  • You agree to the indemnification and arbitration provisions

Last Updated: December 7, 2025

Copyright © 2023-2025 Digital Mindshare LLC

All rights reserved. How Marketing Technology Works® is a registered trademark owned by Gene De Libero.