Terms & Conditions

Growth Scalers (Well Deserved LLC dba Growth Scalers)

Terms & Conditions

Last Updated: 27 February, 2026

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “Client,” “you,” or “your”) and Well Deserved LLC dba Growth Scalers (“Growth Scalers,” “Company,” “we,” “us,” or “our”), located at 1200 Riverplace Blvd, Jacksonville, FL 32207, United States.

These Terms govern your access to and use of:

  • Our website

  • All content, materials, downloads, audits, strategy sessions, consultations

  • Marketing materials, emails, advertising

  • Any services, paid or unpaid

  • Any interaction prior to a signed service agreement

(collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

If you have entered into a separate written agreement with Growth Scalers, that agreement shall control in the event of conflict.

1. NATURE OF SERVICES

Growth Scalers is a marketing consultancy and managed services provider for eCommerce and marketplace businesses.

We do not provide:

  • Legal advice

  • Accounting advice

  • Tax advice

  • Investment advice

  • Financial advisory services

All Services are strategic, advisory, and implementation-based marketing services only.

2. NO GUARANTEES; NO RELIANCE

You expressly acknowledge and agree:

  • We do not guarantee revenue, sales, profit, ROAS, rankings, traffic, conversions, growth, or business success.

  • All case studies, testimonials, performance figures, projections, or examples are illustrative only.

  • Past performance does not guarantee future results.

  • Outcomes depend on numerous variables beyond our control, including but not limited to:

    • Platform algorithm changes

    • Competition

    • Market demand

    • Pricing

    • Inventory levels

    • Product-market fit

    • Advertising budgets

    • Client execution

    • Regulatory changes

You agree that you are not relying on any oral or written statements, projections, marketing materials, or forward-looking representations in deciding to use our Services.

All forward-looking statements are opinions only and are not guarantees of performance.

3. CLIENT RESPONSIBILITY & APPROVAL

You are solely responsible for:

  • The legality of your products

  • Product claims and representations

  • Compliance with applicable laws

  • Platform policy compliance

  • Customer service

  • Fulfillment

  • Tax collection and remittance

  • Advertising claim substantiation

All content, campaigns, listings, ads, and materials created by Growth Scalers are subject to your review and approval.

Once approved, you assume full responsibility for:

  • Accuracy

  • Compliance

  • Legal sufficiency

  • Intellectual property clearance

Growth Scalers shall not be liable for any claim arising from Client-approved materials.

4. THIRD-PARTY PLATFORMS

We work with third-party platforms including but not limited to:

  • Amazon

  • Walmart

  • Shopify

  • Google

  • Meta

  • TikTok

  • Microsoft

  • Email service providers

  • Analytics tools

  • Automation software

We do not control these platforms.

We are not liable for:

  • Account suspensions

  • Policy changes

  • Algorithm updates

  • Data loss

  • Platform outages

  • Advertising disapprovals

  • Payment processor holds

  • Marketplace enforcement actions

Your use of those platforms is governed by their respective terms.

5. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • ACCURACY

  • RELIABILITY

  • PERFORMANCE OUTCOMES

We do not warrant that Services will be uninterrupted, error-free, or secure.

6. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Growth Scalers shall not be liable for:

  • Indirect damages

  • Incidental damages

  • Consequential damages

  • Special damages

  • Punitive damages

  • Loss of profits

  • Loss of revenue

  • Loss of data

  • Loss of goodwill

  • Business interruption

Total cumulative liability for any claim shall not exceed the greater of:

  • The amount paid to Growth Scalers in the three (3) months preceding the claim; or

  • $1,000 USD

This limitation applies regardless of legal theory (contract, tort, negligence, strict liability, or otherwise).

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Growth Scalers and its owners, officers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from:

  • Your products

  • Your advertising claims

  • Intellectual property infringement

  • Violation of laws or regulations

  • Platform violations

  • Customer disputes

  • Chargebacks

  • Regulatory investigations

  • Client-approved materials

  • Your breach of these Terms

8. CONFIDENTIALITY

Each party agrees to maintain the confidentiality of non-public information disclosed during the course of the relationship.

This obligation survives termination for two (2) years.

9. INTELLECTUAL PROPERTY

All proprietary frameworks, methodologies, templates, internal systems, training materials, and strategic processes remain the exclusive property of Growth Scalers.

No license is granted except as expressly stated.

Unauthorized reproduction or reverse engineering is strictly prohibited.

10. NON-SOLICITATION

You agree that during any engagement and for twenty-four (24) months thereafter, you will not directly solicit or hire any Growth Scalers employee or contractor without written consent.

11. INDEPENDENT CONTRACTOR

Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.

12. DISPUTE RESOLUTION

Good Faith Negotiation: The parties agree to attempt informal resolution first.

Arbitration: Any dispute not resolved through negotiation shall be resolved by binding arbitration in the State of Florida.

Governing Law: These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.

Venue: Any litigation permitted under these Terms shall occur exclusively in Florida.

Attorneys’ Fees: The prevailing party shall be entitled to reasonable attorneys’ fees and costs.

13. FORCE MAJEURE

We are not liable for failure or delay caused by events beyond our reasonable control, including but not limited to:

  • Natural disasters

  • Government actions

  • War

  • Platform outages

  • Cyberattacks

  • Labor disputes

14. TERMINATION

We may suspend or terminate access at any time without notice for violation of these Terms.

15. SEVERABILITY

If any provision is found unenforceable, the remainder shall remain in effect.

16. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties regarding website use and pre-contractual services and supersede prior communications.

17. CONTACT

Legal notices must be sent to:
info@growthscalers.com