Terms of Use

Effective Date: January 19, 2025

Welcome to Tolbert Performance Marketing (“we,” “our,” or “us”). By accessing or using our website ([insert website URL]) or any of the services provided, you agree to comply with and be bound by these Terms of Use. If you do not agree with these terms, please refrain from using our website or services.

1. Acceptance of Terms

By using our website or services, you affirm that you are at least 18 years old or have the consent of a parent or guardian. These Terms of Use constitute a binding agreement between you and Tolbert Performance Marketing.

2. Changes to Terms

We reserve the right to modify these Terms of Use at any time. Updates will be posted on this page, and the “Effective Date” will be revised. Continued use of the website after changes signifies your acceptance of the updated terms.

3. Use of the Website

a. Permitted Use

You may use our website for personal, non-commercial purposes or to learn more about our services.

b. Prohibited Activities

You agree not to:

  • Use the website for any unlawful purpose.

  • Interfere with or disrupt the website’s functionality.

  • Attempt to gain unauthorized access to any portion of the website.

  • Post or transmit any malicious code, such as viruses or malware.

  • Use automated systems, such as bots, to access the website.

We reserve the right to terminate your access if we suspect misuse or violation of these terms.

4. Intellectual Property

All content on this website, including text, images, logos, graphics, videos, and software, is the property of Tolbert Performance Marketing or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Reproduce, distribute, modify, or create derivative works from any content.

  • Use any content without prior written permission from Tolbert Performance Marketing.

5. Services and Payment

a. Service Descriptions

We strive to provide accurate descriptions of our marketing services. However, we do not guarantee that all information is error-free, complete, or current.

b. Payment Terms

  • Payment for services must be made as outlined in the applicable agreement or invoice.

  • Failure to make timely payments may result in suspension or termination of services.

c. Refund Policy

Refunds, if applicable, are governed by the specific terms outlined in your service agreement.

6. Limitation of Liability

To the fullest extent permitted by law, Tolbert Performance Marketing shall not be liable for any:

  • Direct, indirect, incidental, consequential, or punitive damages.

  • Loss of data, revenue, profits, or business opportunities resulting from your use of the website or services.

Our total liability is limited to the amount you have paid to us, if any, for the specific service giving rise to the claim.

7. Disclaimer of Warranties

The website and services are provided “as is” and “as available.” We make no warranties, express or implied, regarding:

  • The availability, reliability, or accuracy of the website.

  • The suitability of our services for your specific needs.

We disclaim all warranties to the maximum extent allowed by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Privacy Policy

Your use of the website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

9. Links to Third-Party Websites

Our website may include links to third-party websites for your convenience. We do not control or endorse these websites and are not responsible for their content, privacy policies, or practices.

10. Termination

We reserve the right to terminate or restrict your access to the website or services at our sole discretion, without notice, for any violation of these Terms of Use or applicable laws.

11. Indemnification

You agree to indemnify, defend, and hold harmless Tolbert Performance Marketing, its affiliates, employees, and agents from any claims, damages, liabilities, or expenses arising from:

  • Your use of the website or services.

  • Your breach of these Terms of Use.

  • Your violation of any third-party rights.

12. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the courts located in Columbia, South Carolina.

13. Entire Agreement

These Terms of Use, along with our Privacy Policy, constitute the entire agreement between you and Tolbert Performance Marketing regarding the use of our website and services.

14. Contact Us

If you have any questions about these Terms of Use, please contact us:

  • Email: info@tolbertperformancemarketing.com

Consent

By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms of Use.