Virtual Tote Bag

By accessing or using Virtual Tote Bag at virtualtotebag.ai, you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not use the platform. Virtual Tote Bag is owned and operated by Insurgent Marketing Group. Use of the platform constitutes your agreement to these Terms, our Privacy Policy, and any additional guidelines posted on the platform.

Virtual Tote Bag is a B2B platform designed for professionals in the automotive, heavy-duty/diesel, aviation, and body shop industries. The platform enables tool dealers and industry suppliers to manage and distribute product information, promotional content, and SMS communications to technicians and shop professionals.

Dealers manage their own customer lists and SMS campaigns. Technicians may connect with multiple dealers independently, with each dealer relationship requiring a separate opt-in consent. Virtual Tote Bag facilitates these connections but is not responsible for the content of dealer communications.

Dealer accounts require approval by Insurgent Marketing Group prior to activation. By registering, dealers agree to:

• Provide accurate, current, and complete account information

• Obtain proper written consent from all technicians before adding them to any contact list or sending SMS communications

• Comply with all applicable federal and state laws, including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act

• Comply with all applicable franchisor agreements, territory restrictions, and digital marketing policies imposed by their tool brand (e.g., Cornwell, Snap-on, Mac Tools, Matco). Virtual Tote Bag does not monitor, enforce, or assume responsibility for compliance with any dealer's franchise agreement.

• Maintain the security and confidentiality of their login credentials

• Not share account access with unauthorized parties

Insurgent Marketing Group reserves the right to suspend or terminate any dealer account found to be in violation of these Terms, applicable law, or platform policies, with or without prior notice.

Dealers who operate under a franchise agreement are solely responsible for ensuring their use of Virtual Tote Bag does not violate their franchisor's territory, digital marketing, customer solicitation, or trademark policies. This includes but is not limited to: SMS campaigns, customer list imports, QR code lead capture, and promotional content distribution. Virtual Tote Bag is a neutral platform and does not restrict communications by geography. It is the dealer's exclusive responsibility to ensure all outreach is limited to their authorized territory. Insurgent Marketing Group is not liable for any franchise violation, penalty, royalty assessment, or termination arising from a dealer's use of the platform.

All SMS communications sent through Virtual Tote Bag must be preceded by prior express written consent from the recipient as required by the TCPA and applicable regulations.

Key consent requirements:

• Technicians may connect with multiple dealers on the platform, but each dealer-technician relationship requires its own separate opt-in

• A technician's consent to receive messages from one dealer does not constitute consent to receive messages from any other dealer

• When a technician opts out (replies STOP), that opt-out applies to ALL communications from the Virtual Tote Bag platform — not just from the dealer whose message triggered the opt-out. The technician will no longer receive SMS messages from any dealer on the platform until they explicitly opt back in

• Opt-out requests (STOP replies) are honored platform-wide. When a technician replies STOP to any message sent through Virtual Tote Bag, that phone number is permanently suppressed from all future SMS communications across ALL dealers on the platform — not just the dealer whose message triggered the opt-out. No dealer may message an opted-out number under any circumstances. Dealers may not re-upload, re-import, or otherwise reintroduce an opted-out contact into any active list or campaign. Repeated attempts to message opted-out contacts may result in immediate account suspension.

• Dealers are solely and exclusively responsible for obtaining, documenting, and honoring consent for their SMS communications

• Insurgent Marketing Group is not liable for any dealer's failure to obtain or maintain proper consent

Violation of consent requirements may result in immediate account suspension.

All content, branding, source code, user interfaces, graphics, logos, and trade names on Virtual Tote Bag are the exclusive property of Insurgent Marketing Group and are protected by applicable intellectual property laws.

"Virtual Tote Bag" is a proprietary brand name owned by Insurgent Marketing Group. Unauthorized copying, reproduction, modification, distribution, or use of any platform content is strictly prohibited.

Dealers retain ownership of the content they upload to the platform, including product descriptions, images, and customer lists. By uploading content, dealers grant Insurgent Marketing Group a limited, non-exclusive license to display and transmit that content solely for the purpose of operating the platform.

Insurgent Marketing Group does not sell customer or technician data to any third party under any circumstances.

Data collected through the platform is used solely to facilitate communications between dealers and their connected technicians. We do not use technician contact information for our own marketing purposes beyond platform-related notifications.

Dealers are solely responsible for the accuracy, currency, and territorial compliance of any customer or technician list uploaded to the platform. Virtual Tote Bag does not verify whether uploaded contacts are located within a dealer's authorized territory, are active customers, or are eligible recipients under any applicable franchise agreement. Dealers must independently verify list accuracy before uploading or transmitting any communications.

For complete details on how we collect, use, store, and protect your data, please review our full Privacy Policy at virtualtotebag.ai/PrivacyPolicy.

Access to Virtual Tote Bag dealer features requires an active monthly subscription. By subscribing, you agree to the following:

• Subscriptions automatically renew on a monthly basis unless cancelled prior to the renewal date

• All subscription fees are non-refundable, including partial months

• Insurgent Marketing Group reserves the right to change subscription pricing with 30 days' written notice to active subscribers

• Continued use of the platform after a pricing change takes effect constitutes acceptance of the new pricing

• Insurgent Marketing Group does not store credit card or payment card data on its servers. All payment processing is handled by a third-party payment provider.

Users may not use Virtual Tote Bag for any of the following:

• Sending unsolicited commercial messages (spam) or communications to individuals who have not provided consent

• Impersonating any person, company, or entity

• Uploading or transmitting malware, viruses, or malicious code

• Scraping, crawling, or data-mining any portion of the platform

• Reverse engineering, decompiling, or attempting to access the platform's source code

• Reselling, sublicensing, or providing access to the platform to unauthorized third parties

• Harassing, threatening, or abusing other users or platform personnel

• Using the platform to conduct SMS campaigns, lead capture, or customer solicitation outside of your authorized franchise territory, in violation of any applicable franchisor digital marketing policy or dealer agreement

• Using the platform for any unlawful purpose or in violation of any applicable law or regulation

Virtual Tote Bag is provided on an "as-is" and "as-available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Insurgent Marketing Group does not guarantee uninterrupted or error-free operation of the platform. We do not guarantee the delivery of any SMS message, as delivery is subject to factors outside our control including carrier policies, network conditions, and recipient device status.

To the fullest extent permitted by law, Insurgent Marketing Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Virtual Tote Bag, including but not limited to loss of revenue, loss of data, or business interruption.

In no event shall Insurgent Marketing Group's total liability to any dealer or user exceed the total amount paid by that user for platform subscriptions during the twelve (12) months immediately preceding the claim.

You agree to defend, indemnify, and hold harmless Insurgent Marketing Group, its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the platform

• Your violation of these Terms

• Your violation of any applicable law or regulation

• Any SMS communications sent through your account, including any claims arising from failure to obtain proper consent

• Any content you upload or distribute through the platform

Insurgent Marketing Group reserves the right to modify, update, or discontinue any aspect of the Virtual Tote Bag platform at any time without prior notice.

These Terms of Service may also be updated at any time. When changes are made, the "Last Updated" date at the top of this page will be revised. Your continued use of the platform following any modification to these Terms constitutes your acceptance of the revised Terms.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Ohio and the United States of America. By using the platform, you consent to personal jurisdiction in these courts.

For questions, concerns, or legal notices regarding these Terms of Service, please contact:

Insurgent Marketing Group

Email: don@insurgentmktg.com

Website: virtualtotebag.ai