Terms of Service — Wyze Growth
Effective Date: August 25, 2023
Last Updated: August 25, 2023
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of wyzegrowth.com (the "Site"), operated by NewAge KD Inc., doing business as Wyze Growth ("Wyze Growth," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Site.
2. Who We Are
NewAge KD Inc. (d/b/a Wyze Growth) is a marketing and growth agency organized under the laws of the State of Illinois, United States. The Site is an informational and marketing website. It allows you to learn about our services and to request a consultation or business audit.
3. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate and complete.
4. Purpose of the Website
The Site is provided for general informational and lead-generation purposes only. You cannot purchase services or make payments through the Site. Any services we provide are offered separately under a distinct written agreement entered into directly between you and Wyze Growth. Nothing on the Site constitutes an offer, contract, or guarantee of services, and submitting a form does not create a client relationship.
5. Forms & Communications
When you submit a form or use the chat widget on the Site, you agree that we may contact you regarding your inquiry by email, phone, and/or text message, including by automated means where you have consented. Message and data rates may apply, and message frequency varies. You can reply STOP to opt out of texts and HELP for assistance. Your consent to be contacted is not a condition of any purchase. For full details on how we handle your information and communications, see our Privacy Policy.
You are responsible for the accuracy of the information you submit and for ensuring you are authorized to provide any contact details you enter.
6. Submissions & Feedback
Any information, ideas, suggestions, or feedback you send us through the Site ("Submissions") are treated as non-confidential and non-proprietary. By sending us a Submission, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, and act on it for any lawful business purpose without obligation or compensation to you. You represent that you own or control the rights to any Submission and that it does not violate the rights of any third party or any law.
7. Acceptable Use
You agree not to:
- Use the Site for any unlawful, fraudulent, or harmful purpose;
- Submit false, misleading, or unauthorized information;
- Attempt to gain unauthorized access to the Site or its systems;
- Introduce viruses, malware, or other harmful code;
- Interfere with or disrupt the Site or its servers;
- Scrape, copy, or harvest content or data from the Site without our written permission; or
- Use the Site in any way that violates these Terms or applicable law.
8. Intellectual Property
The Site and all of its content — including text, graphics, logos, images, layouts, and software — are owned by or licensed to NewAge KD Inc. and are protected by intellectual property laws. The "Wyze Growth" name and logo are our marks and may not be used without our prior written permission. You may view and use the Site for your own informational purposes, but you may not copy, reproduce, distribute, modify, or create derivative works from any part of the Site without our written consent.
9. Third-Party Links & Services
The Site may contain links to third-party websites or services that we do not own or control. We provide these links for convenience only and are not responsible for the content, products, or practices of any third party. Your use of any third-party site or service is at your own risk and subject to that party's terms and policies.
10. Results, Testimonials & Earnings Disclaimer
Wyze Growth provides marketing and growth services that depend on many factors outside our control, including market conditions, your industry, your budget, your participation, and the actions of third parties. Any examples, case studies, statistics, testimonials, or statements of past performance shown on the Site reflect individual experiences and are for illustration only — they are not typical, not a promise, and not a guarantee of any particular result. Individual results vary, and we do not guarantee any specific outcome, revenue increase, ranking, lead volume, or return on investment. Nothing on the Site should be relied upon as a guarantee of future performance.
11. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The content on the Site is for general informational purposes only and is not professional, legal, financial, or business advice. You should not act on it without seeking advice tailored to your situation. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any information on the Site is accurate, complete, or current. Any reliance you place on Site content is at your own risk.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWAGE KD INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless NewAge KD Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, or your violation of any law or the rights of any third party.
14. Termination
We may suspend, restrict, or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will continue to apply after your access ends.
15. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and share your information. By using the Site, you consent to the practices described in the Privacy Policy.
16. Governing Law
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Illinois, United States, without regard to its conflict-of-laws principles.
17. Dispute Resolution, Venue & Waivers
Informal resolution. Before filing any claim, you agree to first contact us at support@wyzegrowth.com and give us 30 days to try to resolve the matter informally.
Venue. Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in the State of Illinois, and you consent to the personal jurisdiction of those courts.
Time limit. Any claim arising out of or relating to the Site or these Terms must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.
Jury trial waiver. To the fullest extent permitted by law, you and we waive any right to a jury trial in any dispute arising out of or relating to these Terms or the Site.
18. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Changes are effective when posted. Your continued use of the Site after any change means you accept the updated Terms.
19. Electronic Communications
By using the Site or submitting your information, you consent to receive communications from us electronically — including by email, text message, and notices posted on the Site — and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.
20. Miscellaneous
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Site and supersede any prior agreements on that subject.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, outages, network or service-provider failures, or government action.
Notices. We may provide notices to you by posting on the Site or emailing the address you provide. You may send notices to us at support@wyzegrowth.com.
Headings. Section headings are for convenience only and do not affect interpretation.
21. Contact Us
If you have questions about these Terms, contact us at:
NewAge KD Inc. (d/b/a Wyze Growth)Email: support@wyzegrowth.com
